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Terms & Conditions

Effective November 2015

1. Who do these terms and conditions apply to?

a. They apply to the hirer of the vehicle, to anyone who drives the vehicle and to anyone who provides All Wheels with a cash payment or a credit or debit card (“charge card”) authority in relation to a rental.

b. When we refer to “you” we mean the hirer, anyone named on the Rental Agreement as an additional driver (“Additional Authorised Driver”) and anyone who provides us with a cash payment or a charge card authority.

c. When we refer to “we”, “us” “our” or “All Wheels” we mean the company identified on the front page of the Rental Agreement.

d. When we refer to “Authorised Driver” we mean You and each “Additional Authorised Driver” as any authorized driver who is also noted on Your Rental Agreement.

2. What do I get from All Wheels?

a. You get a vehicle in the rental class you have booked (or a comparable vehicle if a vehicle in that class is unavailable) for the period of time stated on the front page of the rental agreement. That rental agreement, these terms and conditions, the vehicle details and condition report referred to below and any other document given to you by All Wheels at vehicle pick-up together comprise the Rental Agreement.

b. You also get any equipment you have hired, for the period of time stated on the front page of the rental agreement.

c. You will have access to standard roadside assistance, where the assistance has been requested by you or an Additional Driver.

3. What must I do before I drive away?

a. Before you leave the location from which you have rented your vehicle, you should inspect the vehicle and make sure it is in the condition shown in the Vehicle Details and Condition Report. You should report any differences immediately to the staff at the pick-up location. You should also make sure you have any equipment you have requested. If you have any queries, you should go back to the rental counter.

4. What are the Estimated Rental Charges?

a. The rental charges that we know about when you collect your vehicle are set out on the front page of the Rental Agreement under the heading Rates and Fees. The total charges that you will need to pay at the end of your rental may be different from the Estimated Rental Charges if, for example, circumstances change (see section 5 – “What charges might I incur in addition to the Estimated Rental

Charges?”) or if you need to pay for any damage to the vehicle or any property (see section 9 – “When would I have to pay more than the Damage Recovery Fee?”). Once all charges are known, the Estimated Rental Charges become the Rental Charges.

b. In addition to the daily rate, which is the rate we charge for each consecutive 24-hour period from the time you hire the vehicle, the Estimated Rental Charges may include any of the following:

i. Any goods and services tax or other tax or fee imposed by a relevant authority;

ii. The cost of hiring any equipment such as child seats, GPS (satellite navigation) units, trolleys or boxes;

iii. The cost of purchasing Protection PLUS if you choose this option;

iv. A fee if you pay with a credit or debit card, which we call a Charge Card Fee (CC Fee);

v. A fee to help offset our administration costs, which we call an Administration Fee (Admin Fee);

vi. A fee to help offset the cost of registering our vehicles, which we call a Vehicle Registration Recovery Fee (VRRF);

vii. A daily surcharge for each Additional Driver aged under 25, which we call a Young Driver Fee (AGE); viii. A fee to cover any additional drivers, which we call an Additional Driver Fee (ADF);
ix. A fee to compensate All Wheels for loss of rental income if you:
1. return the vehicle before the agreed time, which we call an Early Return Fee (ERF);

2. damage the vehicle requiring the vehicle to be off the road for repair, which is also subject to an Admin Fee; and

3. return the vehicle after the expiry of your rental period, without our prior authorisation (see section 5(n)).

x. Goods and services tax (GST); and
xi. Any other charge or fee which we apply from time to time.

5. What charges might I incur in addition to the Estimated Rental Charges?

You may have to pay for any of the following:

a. An excess kilometres charge, which we will charge for each kilometre over the kilometre limit outlined on the front page of the Rental Agreement. We will use the vehicle’s odometer to calculate the number of excess kilometres. Any excess kilometre charge is also subject to applicable CC Fee, Admin Fee and any other applicable charges;

b. Fuel, which we will charge at a per litre rate that includes a labour and time cost, if you return the vehicle with less than a full tank;

c. Traffic and parking fines incurred during the period of your rental;
d. Toll road fees and fines incurred during the period of your rental;
e. An Admin Fee in relation to traffic, parking and toll road fees and fines;

f. The cost of repair to or replacement of the vehicle or any items supplied with it such as keys, tyre change equipment or E-Toll tags, or other property you damage, and any costs associated with repair or replacement of the vehicle, items or property, though the charge to you may be reduced if you purchase Protection PLUS from us (see section 8 – “How do I reduce my charges if the vehicle is damaged, lost or stolen or other property is damaged?”);

g. A charge to cover the rental income that we reasonably consider we have lost if the damage to or loss of the vehicle means that All Wheels loses the opportunity to hire it out to someone else;

h. The cost of repair to or replacement of damaged or lost equipment, and any costs associated with repair or replacement;

i. A charge for professional cleaning of the vehicle where the condition of the vehicle requires a special clean (e.g. as a result of food, drink and other stains and marks, animal fur, mud and dirt and smoke damage (including damage caused by tobacco products));

j. Towing costs if the vehicle needs to be towed:

i. From a remote or sparsely populated area; or

ii. Because of something that you or an Authorised Additional Driver have done or caused to be done to the vehicle that requires the vehicle to be towed (this is in addition to the roadside assistance charges referred to in paragraph m) below);

k. Depending on whether or not you purchase Protection PLUS from us, fees we call the Damage Recovery Fee (DRF) and Single Vehicle Accident (SVA) Fee (see section 8 – “How do I reduce my charges if the vehicle is damaged, lost or stolen or other property is damaged?)”;

l. Charges for the use of roadside assistance required due to something that you have done or caused to be done to the vehicle, which includes the following situations:

i. The vehicle’s battery is flat (and not due to mechanical fault); or

ii. The keys are locked in the vehicle; or

iii. The vehicle has run out of fuel; or

iv. A tyre on the vehicle requires changing or repair (and not due to mechanical fault or fair wear and tear); or

v. The keys to the vehicle have been lost (including the replacement cost of any keys and/ or entry devices for the vehicle)

m. If the charges in 5.k) and 5.l) apply, you will be charged all costs and expenses incurred by us unless you have purchased Protection PLUS;

n. Additional Rental Charges if you do not return the vehicle on time, for any reason. We will allow you a grace period of 29 minutes and after that we will charge you as follows:

i. If you are 30 mins late or more, but less than three hours late, we will charge you for each hour (including the first) at the additional hourly rate specified in your Rental Agreement;

ii. If you are three hours or more late, we will charge you for an additional day (or days if relevant) at the daily rate specified in your Rental Agreement. In addition, we will charge you a further day’s Vehicle Registration Recovery Fee, the cost of a further day’s Protection PLUS (if you have purchased it) and any other daily surcharges for each additional day or part of an additional day by which you are late;

iii. In relation to any equipment you have hired, we will charge you for an additional day (or days if relevant) if you are 30 minutes late or more.

o. Additional Rental Charges if you return the vehicle and equipment to a location, or at a time and date, different from the drop-off details specified on the front page of the Rental Agreement. We will recalculate your Rental Charges using the daily rates specified on the front page of the Rental Agreement.

p. Interest on Rental Charges and other costs not paid within 14 days of the date they are due at a rate equal to the standard business overdraft rate charged from time to time by our bank; and

q. Legal and other costs which we incur in recovering any Rental Charges and other costs you do not pay when we require you to do so including any fees or charges imposed by a third party on us or from a debt recovery agency and any other costs reasonably incurred by us in enforcing our rights under these terms and conditions.

6. What are my responsibilities?

a. You must use the vehicle and any items or equipment supplied with it, only for the purpose for which they are designed and ensure that any equipment (such as a child seat or GPS unit) is fitted correctly and safely.

b. You must take proper care of the vehicle and any items or equipment supplied with it during the period of your rental, and return them to us in the same condition as when you collected them.

c. You must obey all relevant road rules. If you don’t, we may require you to pay the full cost of any damage resulting from non-compliance of the relevant road rules.

d. You must be at least 21 years old (unless otherwise specified by us) and hold an unrestricted driver’s licence which allows you to operate the vehicle.

e. You must observe any warning indicators that may appear in the vehicle. If you are not sure what an indicator is telling you to do, you must contact the location from which you rented the vehicle as soon as possible for advice.

f. You must operate the vehicle in the manner in which it is designed to be used and ensure you use the right type of fuel and abide by the weight restrictions for the vehicle. We encourage you to read the operating manual, which can be found in the glove box of the vehicle.

g. Neither you nor your passengers may smoke in the vehicle.

h. You must return the vehicle by the return date and time set out on the front page of the Rental Agreement at the location from which you rented it unless we agree to you returning it to another location. If you return the vehicle to a different location, a One Way Fee may be charged.

i. You must not allow anyone other than the Authorised Driver or any other Additional Authorised Driver set out on the front page of the Rental Agreement to drive the vehicle and you must not hire the vehicle to anyone or use it for commercial gain.

j. You must not use the vehicle on an unsealed road.

k. You must not use the vehicle “off road” (e.g. on a fire trail, beach, dirt track, grassed area or to cross streams, rivers or any other body of water), unless your Rental Agreement specifically authorises you to do so.

l. You must not, unless we authorise you to do so, use or drive the vehicle:
i. into or out of the Northern Territory, Western Australia, Weipa (Queensland) or Tasmania; or
ii. in the Northern Territory, outside any town or city limits between sunset and sunrise; or
iii. in any other remote area as specified in your Rental Agreement between sunset and sunrise; or iv. in any other prohibited area of use as specified in your Rental Agreement.
m. You must not drive in an area where snow chains are required.
n. You must not use the vehicle to transport any animal other than a guide dog.

o. You must not transport the vehicle on a ferry or ship or other watercraft without our permission. Even if we grant you permission however, you will still have to pay for the full cost we incur as a result of an accident, damage to or loss of the vehicle or any equipment, together with the cost of any damage you cause to other property whilst the vehicle is being transported.

p. You must not allow the vehicle to be towed without our permission.

q. If you leave the vehicle at an All Wheels location after business hours, you are responsible for the vehicle until the location opens the next business day. Any damage and/or infringements incurred to the vehicle during this time will be your responsibility.

7. What happens if the vehicle is damaged, lost or stolen or other property is damaged?

a. You must notify us as soon as possible, and no later than 24 hours after an accident or incident (unless there are circumstances under which it is impractical or impossible for you to advise us within 24 hours, and you can produce documented evidence of those circumstances on our request), of any damage or loss that has occurred by contacting the location from which you rented your vehicle and giving us full details. If you don’t, we may require you to pay the full cost of any damage.

b. You must notify the police if required under the relevant road rules.

c. You must not leave the vehicle unattended before the arrival of a tow truck or salvage operator except if your health or safety would otherwise be endangered.

d. You must complete and return an Incident Report Form which we will supply to you.

e. You may have to contribute to the cost of repair or replacement, depending on whether or not you have purchased Protection PLUS from us.

8. How do I reduce my charges if the vehicle is damaged, lost or stolen or other property is damaged?

a. Unless the circumstances described in section 9 – “When would I have to pay more than the Damage Recovery Fee?” apply, the amount you have to pay for each separate instance of damage to or loss of our vehicle, or for damage to other property, and for any associated costs, will be reduced automatically to a maximum level in respect of each separate instance, which we call the Damage Recovery Fee. The amount of the Damage Recovery Fee varies according to:

i. The type of vehicle you hire (ie passenger vehicle or commercial vehicle); and

ii. Whether you have purchased Protection PLUS from us.

b. In some circumstances, the Damage Recovery Fee may be charged by us on more than one occasion. This is because it applies in respect of each separate instance of damage to or loss of our vehicle, or for damage to other property, and for any associated costs. This may happen, for example, if during your rental period you are involved in an incident which causes damage to the vehicle, and in a separate and unrelated incident, further or additional damage is caused to the vehicle. The Damage Recovery Fee would be payable in respect of both incidents.

c. If you are involved in what we call a Single Vehicle Accident, a Single Vehicle Accident Fee may apply in addition to any Damage Recovery Fee. A Single Vehicle Accident is an accident that does not involve another vehicle other than a parked vehicle. You will be notified of the amount of that fee at the time of collecting your vehicle.

d. We will charge you either the full amount or a portion of the Damage Recovery Fee and Single Vehicle Accident Fee while we calculate the actual costs associated with each instance of damage or loss. For more information, refer to section 11 – “When will you charge me, and how much?”

e. Purchasing Protection PLUS reduces the cost to you of making new damage to the vehicle you are driving or damage to third party property (subject to certain exceptions – see section 9 – “When would I have to pay more than the Damage Recovery Fee?”). Even if you purchase Protection PLUS from us, you may still be liable for costs associated with the personal injury or death of yourself or another person.

f. When driving an All Wheels vehicle you are covered by compulsory third party insurance, which is a third party insurance scheme regulated by statute. This insurance may relieve you from liability for injury or death suffered by persons other than yourself but does not cover damage to property. We recommend you satisfy yourself of the cover provided by this type of insurance.

9. When would I have to pay more than the Damage Recovery Fee?

Even if you purchase Protection PLUS from us you will have to pay for the full cost we incur as a result of each separate instance of an accident, damage to or loss of the vehicle or any equipment, together with the cost of any damage you cause to other property, where:

a. You fail to notify us as soon as possible and no later than 24 hours after any accident, damage or loss occurs (unless there are circumstances under which it is impractical or impossible for you to advise us within 24 hours, and you can produce documented evidence of those circumstances on our request), or you fail to assist us in our investigations in relation to any such accident, damage or loss (e.g. if you fail to cooperate with our investigator or you fail to attend court proceedings as reasonably required by us). You must remain in contact with us for the purpose of providing that assistance until we notify you that your assistance is no longer required;

b. You provide us with information that you know to be false or misleading, or knowingly fail to give us all the relevant information you have;

c. Except with our written consent, you admit liability to a third party or offer or accept settlement of a claim by a third party;

d. You have not paid the maximum applicable Damage Recovery Fee on demand from us;
e. At the time the loss or damage occurs:
i. The driver does not have a current unrestricted driver’s licence for the class of vehicle rented; ii. The driver is not listed on the Rental Agreement;
iii. The driver is driving while affected by alcohol;

iv. The driver is under the influence of any drug which affects the ability to drive a vehicle or any illegal drug, toxin or substance;

v. The driver is using the vehicle for racing or time trials;

f. The vehicle is being used in the course of committing a crime;

g. The vehicle is unattended and unlocked, or the keys are not secure;

h. The vehicle is deliberately, carelessly, maliciously or recklessly driven into any body of water;

i. The vehicle is being driven off road without prior authorisation from us;

j. The vehicle is being driven on an unsealed road;

k. The vehicle is being driven in a reckless, careless, dangerous or illegal manner or is being used for an illegal purpose or in a manner which would result in a criminal offence;

l. The damage or loss is not covered by any policy of insurance providing you with cover;

m. The vehicle is being loaded, unloaded or transported on a ferry or ship or other watercraft, even if we have given you permission to do so;

n. The vehicle is being towed without our permission;

o. The vehicle is driven into or outside, or used in, the areas referred to in section 6(l), and any damage to the vehicle is caused by a collision with an animal or the driver is avoiding a collision with an animal;

p. The vehicle is carrying any dangerous goods or substances, any flammable items or toxic substances; and

q. The vehicle is being used in any prohibited manner or area of use specified in your Rental Agreement.

r. The damage or loss, whether to the vehicle or to the property of others, is of any of the following types:

i. Damage to the top of the vehicle caused by a collision with any overhead obstruction (e.g. bridges, car parks and other low clearance areas), and any resulting damage to any other property;

ii. Damage to the undercarriage of the vehicle, from the door seal, top of the front and rear bumper and below, including where no other part of the vehicle is damaged at the same time;

iii. Any damage to a Pantech box sides, roof and/or floor

iv. Damage to tailgate lifters, ramps and associated equipment;

v. Damage caused as a result of loading or unloading a truck, ute or van or failing properly to secure a load;

vi. Damage caused as result of over-loading a truck, ute or van;

vii. Damage caused by attaching any equipment to the vehicle (e.g. roof racks, bike racks, snow chains, trailers), or using that equipment;

viii. Damage which the driver or any passenger causes deliberately, carelessly, maliciously or recklessly (including mechanical damage);

ix. Damage caused by using the wrong type or grade of fuel;

x. Damage or loss caused to the vehicle’s windscreen or tyres which was not the result of a vehicle accident;

xi. Damage or loss caused to the vehicle due to hail, flood, fire, storm, cyclone or other natural disaster where such damage exceeds the amount of the DRF;

xii. Where the vehicle is used in a mining area, damage caused as a result of your failure to promptly remove any mud or dirt and to clean the vehicle promptly after its exposure to mud or dirt;

xiii. Damage to or loss of any personal property owned by you or any other driver or passenger of our vehicle, the driver or passenger of another vehicle, or anyone else, including personal property left in a vehicle;

xiv. Damage to or loss of any items supplied with your vehicle such as keys, tyre change equipment or E- toll tags; and

xv. Damage to or loss of any equipment you rent, including GPS units and child seats.

10. What happens if there are legal proceedings resulting from an accident involving the vehicle?

a. If legal proceedings are threatened or commenced, you must:

i. Notify us immediately;

ii. Allow us to conduct the proceedings on your behalf;

iii. Not make any admission of liability or offer to settle the proceedings;

iv. Co-operate fully with us and our legal advisers, as reasonably required.

b. If you do not notify us promptly of any claim by a third party against you, any legal costs that you incur before you notify us will be your responsibility.

11. When will you charge me and how much? a. Before your rental begins:

i. We will charge your charge card for the full amount of your Estimated Rental Charges as shown on the front page of the Rental Agreement under Rate and Fees, except to the extent you have opted to pay them in cash.

ii. We may also pre-authorise your charge card, or take a cash deposit from you, which we will apply towards any additional charges for which you are responsible. The amount of the cash deposit we take will vary depending on the vehicle you have rented and whether or not you have purchased Protection PLUS.

b. During or after your rental:

i. We may charge your charge card for the Damage Recovery Fee and Single Vehicle Accident Fee, or you can elect to pay it in cash. The amount that we will charge as the Damage Recovery Fee and Single Vehicle Accident Fee, up to the maximum level (for each separate incident, as described in section 8 above), will initially be determined by us when you return the vehicle and charged at a level which we estimate, in good faith, will be sufficient to cover the extent of damage. If the actual costs of or associated with the damage or loss (after crediting any recovery from third parties who may have been at fault) is less than the combined Damage Recovery Fee and Single Vehicle Accident Fee charged to you, we will refund the difference to you within a reasonable time after all costs have been fully quantified and any recoveries received. Alternatively, if we find that the costs of or associated with the damage or loss are not covered by Protection PLUS, or if we find out about an additional cost only after we have refunded you, we may subsequently charge you more (see section 9 – “When would I have to pay more than the Damage Recovery Fee?”).

ii. We may also charge you for any other Rental Charges for which you are responsible (see section 5 – “What charges might I incur in addition to the Estimated Rental Charges?”).

c. Sometimes when we communicate with you we will know that you need to pay one or more of these amounts in addition to the Estimated Rental Charges. This may happen, for example, if you return the vehicle after the agreed return time. When we know we will have to charge you, we will notify you immediately of that fact and the reason for the charge and, where possible, the amount that we are going to charge or an estimate of that amount. We will, at all times, act reasonably when determining these charges. We will then charge your charge card at the same time as we notify you (or as soon as we have ascertained the exact amount to be charged, which will normally be within 24 hours of you returning the vehicle), unless you pay the charge in cash at that time. If you have paid a cash deposit, we will deduct the additional charges from that deposit and refund the difference to you by direct deposit or cheque, usually within 7 days of settling all charges.

d. Sometimes when we communicate with you, however, we will not know that additional charges are payable by you until after you have returned the vehicle and left the All Wheels location. This may happen, for example, if we discover damage to the vehicle when we inspect it (see section 16 – “What happens after my rental has finished?”), or if we receive a claim from a third party or notice of a fine. In these circumstances we will notify you by email, telephone or mail that we are going to charge your

charge card (or deduct the charge from your cash deposit), the reason for the charge and the amount that we are going to charge. We will, at all times, act reasonably when determining these charges. We will give that notification within 24 hours of inspecting the vehicle, or of otherwise becoming aware that a charge needs to be made, and impose the charge at the same time as we notify you. If you do not advise us that you dispute the additional charge within 48 hours, we will charge your charge card or deduct the charge from your cash deposit. However, if we reasonably form the view that you are validly disputing an additional charge, we will not charge your charge card or deduct the amount from any cash deposit until we have investigated the disputed matter and confirmed any additional charge to you.

e. If you dispute the additional charge amount or the reason for which you will be or have been charged, you can contact the All Wheels location that notified you of the charge. We will promptly deal with any dispute and, if we believe any amount should be refunded to you, we will promptly credit that amount to your charge card (or, if your charge card has not yet been charged, we will agree not to charge you that amount) or if you have paid the charge in cash we will refund you by cheque or direct deposit.

f. Any other costs reasonably incurred by us in enforcing our rights under these terms and conditions, including any fees or charges imposed by a third party on us or fees incurred by us engaging any debt recovery agency, where you have refused or failed to pay any amount under these terms and conditions.

g. You acknowledge that if you fail to pay any amounts as required by these terms and conditions, we may refer that failure and your details to a Credit Reporting Agency.

12. Can All Wheels terminate my rental?

a. We can terminate your rental if you do not comply with any of the terms of your Rental Agreement and do not promptly rectify the breach after we notify you of it.

13. Can I terminate my rental?

a. You can terminate your rental at any time but you will be required to pay an Early Return Fee if your Rental Agreement states that you have to pay one.

14. Can I extend my rental?

a. You can request an extension by contacting the location from which you rented the vehicle. You must do so before the expiry of your Rental Agreement. If we are unable to agree to your request, then you must return the vehicle by the time specified in your Rental Agreement. If you do not do so, you will be required to pay additional rental charges (see section 5 – “What charges might I incur in addition to the Estimated Rental Charges?”). If we are able to agree to your request, we will take payment at that time for the additional charges resulting from the extension of your rental.

b. If you have not returned the vehicle within 24 hours of the end of the agreed rental period and you have not contacted us to request an extension or to explain why you have not returned the vehicle, we reserve the right to report the vehicle as being stolen.

15. What do I have to do when I bring the vehicle back?

a. You must make sure that the vehicle and any equipment is in the same condition as when you began your rental (except for fair wear and tear).

16. What happens after my rental has finished?

a. We will inspect the vehicle as soon as possible after you return it to the location from which you rented it or to another location you have agreed with us. We will normally carry out that inspection on the day you return the vehicle or, when you return the vehicle after hours, on the day after you return it.

b. We will notify you within 24 hours of inspecting the vehicle if we have any concerns in relation to the condition of the vehicle or any equipment hired as part of your rental.

c. We may charge amounts to your charge card or deduct them from your cash deposit (see section 11 – “When will you charge me, and how much?”).

d. We will refund any deposits that we are holding in relation to your rental and that we no longer require.

e. Return of the vehicle to the agreed location and at the agreed time is your responsibility. We may charge you additional fees, such as a One Way Rental fee, if you return the vehicle to a location that has not been agreed with us. If you return the vehicle to (i) an unmanned location (without our consent) or (ii) outside of location hours, you are responsible for damage to the vehicle that may occur, for any reason, until the next business day when we have had an opportunity to inspect the vehicle.

17. What happens if I am unhappy with something to do with my rental?

a. You should immediately contact the location from which you rented the vehicle so that we can investigate and address your concerns.

18. How is my privacy protected?

a. We will collect personal information as part of our rental process. Any information we collect will be handled in accordance with our Privacy Policy which you can view on our website.

19. What other things do I need to know about my rental?

a. Unless we are negligent or as required by law, we will not be responsible for any loss (including loss of profits), damage, costs or expenses which you incur, or death or personal injury to you or any other person, as a result of your rental.

b. To the extent permitted by law, our liability pursuant to any relevant Australian law is limited at our option to the replacement, repair or re-supply of the vehicle for the remaining term of your rental or reimbursement of your Rental Charges.

c. We may register our interest under this Rental Agreement on the Personal Property Securities Register. You agree that, to the extent permitted by law, we do not need to notify you if we make, or change, such a registration.

d. These terms and conditions will be interpreted in accordance with, and exclusively governed by, the laws of the State or Territory of the Commonwealth of Australia in which you rent the vehicle and the Courts of that State or Territory or the Commonwealth of Australia.

e. If you wish to find out more about your rights as a consumer, you can contact consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory Fair Trading authorities.

20. Your E-Toll Facility

a. Your E-Toll Facility is provided by All Wheels to You to enable You to pay Tolls and Fees relating to the E-Toll System.

b. In order to use Your E-Toll Facility, You or Your Additional Driver must travel in an Electronic Tolling Lane.

c. You remain responsible at all times for the acts and omissions of any Additional Driver, any other person using the Vehicle or any Authorised Representative using or operating Your E-Toll Facility, including for any Tolls and Fees they incur.

d. A Tag may be installed in Your Vehicle as part of the E-Toll Facility. The Tag is the property of All Wheels. You must not use any other tag in the Vehicle or register for any other electronic or video tolling product in relation to the Vehicle. If You do use another tag or electronic or video tolling product, you will still be charged Tolls and Fees by Service NSW under the Service NSW Terms and Conditions and You may be charged other amounts by the provider of the other tag or electronic or video tolling product used.

21. Payments, fees and charges in connection with Your E-Toll Facility

a. You must pay the following amounts to All Wheels in connection with the use of Your E-Toll Facility:

i. All tolls (it is your responsibility to be aware of all tolls payable in connection with the use of a toll road)

b. You acknowledge that if You fail to pay any Tolls or Fees as required by these Terms and Conditions, All Wheels may refer that failure to a Credit Reporting Agency.

22. Payment methods and authority

a. Payment must be made by a nominated credit card

b. All Wheels will debit tolls and fees from the nominated credit card as soon as practicable after the relevant tolls and fees are incurred or, where applicable, notified to Service NSW by a toll road operator

c. If there are insufficient funds available on the nominated credit card to meet Your payment obligations under these Terms and Conditions; or

d. Transaction on the nominated credit card is declined for any reason, save for:
i. The negligence of, or willful misconduct by Service NSW or any of its officers, employees or agents; or ii. A Service NSW system error

e. You will be charged a Dishonour Fee by All Wheels and You (or, if relevant, the nominated credit card holder) may be charged fees, charges and interest by Your financial institution or, if relevant, the financial institution of the nominated credit card holder.

f. You must ensure that You immediately provide All Wheels with details for an alternative nominated credit card which can be used to meet Your obligations under these Terms and Conditions, and an authority for All Wheels to debit the alternative nominated credit card, if:

i. The existing nominated credit card is cancelled, suspended or is otherwise not useable; or

ii. The existing nominated credit card holder cancels Your authorisation to use the existing nominated credit card.

g. If You have paid, or will pay cash or eftpos to rent the vehicle, you must provide a nominated credit card to ensure all toll charges can be paid for

23. Lost, stolen or malfunctioning Tags

a. You must immediately inform All Wheels if either of the following occur:

i. The tag is lost or stolen or You become aware that the tag malfunctions or is in any way defective; or ii. The vehicle is lost or stolen

24. GST

a. Unless otherwise indicated, all Tolls and Fees are inclusive of GST.

b. If GST is stated as not to be inclusive, you are liable for any GST payable.