TERMS AND CONDITIONS OF SUPPLY AND USE OF AVIS CHARGE CARDS AND CAR RENTAL VOUCHERS
In these terms and conditions:-
“Avis” refers to Avis Rent A Car System Inc, its affiliates and licensees, including Avis Rent A Car – a division of Barloworld South Africa (Pty) Ltd, its affiliates and licensees.
“Applicant” refers to the applicant or travel agent making the application.
“Card” refers to any Avis charge card issued pursuant to the application.
“Voucher” refers to any Avis car rental voucher issued by a travel agent or Applicant pursuant to the application.
“Cardholder” refers to the person named on the Card and where the context so admits, the Applicant.
“Renter” refers to the person to whom the Applicant issues a voucher.
Cards and Vouchers will be issued only after acceptance of the application by Avis. In making this application, the Applicant agrees to the terms and conditions printed on the carrier with which a card is issued and on the vouchers, which terms and conditions shall form part of these terms and conditions. In the event of conflict between these terms and conditions and the terms and conditions of a rental agreement offered by Avis, the provisions of the rental agreement shall prevail. Nothing herein shall be deemed to guarantee the availability of a vehicle for rental or performance of services by Avis, and Avis has the right to refuse to accept any Card/Voucher for any reason whatsoever.
Upon presentation to Avis of a card or voucher issued under these terms and conditions for the renting of a vehicle by any person, the person will be required to sign a rental agreement. If, in terms of such rental agreement, any of these terms and conditions or any other arrangements or agreements between Avis and the Applicant are varied by or at the instance of such person, the Applicant shall be bound by such variations in respect of the rental of such vehicle.
3. CARDS AND VOUCHERS
Each Card/Voucher remains the property of Avis and is not transferable. Any Card must be returned to Avis upon request. Cards must be signed on receipt and kept safe by the Cardholder. The Applicant shall draw the attention of all Cardholders to the terms and conditions of use printed on the carrier with which a Card is issued. The Applicant shall draw the attention of the Renter to the terms and conditions on the voucher.
If any Card/Voucher is lost or stolen, the Applicant or Cardholder shall forthwith notify Avis. The Applicant is responsible for all debts and other liabilities incurred through the use of any Card/Voucher arising prior to Avis receiving written notice of any loss or theft.
The Applicant will keep and maintain accurate records of all Cards/Vouchers supplied or issued to him and such records may be inspected by Avis at any reasonable time.
Vouchers issued to corporate account Applicants must be signed by both an authorized representative of the Applicant and by the renter upon issuance and prior to use.
Travel agent Applicants will validate Vouchers upon issuance and prior to use with their issuing office stamp. Cards withdrawn from any Cardholder by an Applicant must be returned to Avis for cancellation and the Applicant shall be responsible for all debs and other liabilities incurred through its use until such return.
Applicants shall only use the Vouchers in accordance with the terms and conditions printed thereon and in accordance with any other regulations, information and documentation supplied or notified by Avis. Applicants shall indemnify Avis from and against all loss, damage or liability and any costs, claims, or expenses in connection therewith arising from any negligent act or omission by him or any employee or agent or cardholder or renter in respect of the supply and use of any Card/Voucher.
Avis will invoice the Applicant in respect of each vehicle rented by a Cardholder or Renter and/or the completion of each rental, the Applicant or Cardholder or Renter may request a copy of the fully computed rental agreement. Payment becomes due on receipt of invoice. Payment shall be made to the address specified on the invoice and in the currency shown. Any currency conversion shall be conclusively determined by Avis. Unless queries and notified to Avis within seven days of receipt of invoice, such invoice shall be deemed accurate and complete for all purposes. Avis reserves the right to levy a late payment charge at the rate of 2½% per four week period calculated on a daily basis commencing on the due date for payment. Avis may vary the rate of such charge at its discretion. Avis shall have the right to offset payments due to the Applicant form Avis against payments due from the Applicant to Avis.
5. INFORMATION TRANSMITTAL
Although Avis will not make known to any unrelated third party any information pertaining to the Applicant, or Cardholder or renter without their permission, the Applicant consents on behalf of such persons to Avis making available and transmitting such information to any other person or company operation the Avis Rent A Car Systems. Nevertheless, Avis may carry out a credit check on the Applicant, Cardholder and Voucher holders with one or more credit agencies who will retain a record thereof and Avis may record any default by the Applicant, a Cardholder or Voucher holder with any such credit agency. The credit agency may make such record available to third parties.
AVIS RENTS VW AND OTHER FINE CARS