This Agreement (�Agreement') is between the signatory to the Hertz Australia Pty Limited rental agreement, being the renter of

The Vehicle (�You') and Hertz.

1. Renting and Returning Vehicle

(a) Hertz agrees to rent the Vehicle to You for the Period on the terms and conditions set out in this Agreement.

(b) You agree to return the Vehicle to Hertz at the time and location noted on the Form or otherwise on demand. At Hertz's option, Hertz may repossess the Vehicle and, in this regard, You authorise Hertz to enter upon any premises owned or occupied by You, or, where necessary, You agree to obtain the right for Hertz to enter upon any premises in order to repossess the Vehicle . Furthermore, You at all times indemnify Hertz against any claim made by any third party resulting from Hertz's repossession of the Vehicle .

2. Maintenance

(a) You acknowledge that the Vehicle is generally in good condition, save for those matters acknowledged by Hertz. You agree to return the Vehicle in the same condition, save for normal wear and tear.

(b) You agree to check the amount of engine oil and coolant in the Vehicle at appropriate intervals and maintain them at the levels recommended in the Vehicle manufacturer's specifications or otherwise as required to maintain the Vehicle's efficient performance.

(c) Hertz (through sub-contractors) provides a twenty-four (24) hour breakdown roadside assistance service for the Vehicle . The costs of this are provided for in clause 3(a)(x).

3. Charges

(a) You agree to pay to Hertz the following charges for renting the Vehicle over the Period :

(i) Time Charges

The daily rental charge noted on the Form for each Rental Day plus an amount for any additional time You have the Vehicle (in one hour increments), calculated on the Extra Hours Rate (the additional amount is capped at the amount of the daily rental charge for that Rental Day ).

(ii) Kilometre Charge

The charge for each kilometre driven in excess of the kilometre allowance (if any) noted on the Form , calculated at the appropriate kilometre rate;

(iii) Delivery/Collection Charges

A charge for delivering the Vehicle at, and/or collecting the Vehicle from, any location other than those Hertz rental locations for which no charges apply (this charge applies to repossessions under clause 1(b));

(iv) Optional Renter Protection Services

The amount determined from time to time for Maximum Renter Protection Package (MAX PKG), Renter Protection Package (PKG), Snow Option (SNO), Maximum Accident Excess Reduction (MAX AER), or Accident Excess Reduction (AER) each of which is made available on terms and conditions advised by Hertz, as requested by You or otherwise included in Your contract rate, calculated for each Rental Day ;

(v) Fuel Costs

The Vehicle is rented with a full tank of fuel (unless indicated to the contrary on the Form ). Save where You take up the Fuel Purchase Option, Hertz will provide a refuelling service if You elect to return the Vehicle with less fuel than a full tank. You agree to pay a fee for that service, calculated as follows:

(i) if You do not buy fuel during the Period , the fee will be based on the number of kilometres driven during the Period ;

(ii) if You buy fuel during the Period , the fee will be based on Hertz's estimate of the number of litres of fuel required to refill the tank.

(vi) Collection Expenses

An amount equal to Hertz's expenses and costs incurred collecting from You the charges payable under this Agreement;

(vii) Government Charges and Penalties

An amount equal to all penalties, charges, taxes or other imposts levied by any Government or government body in respect of the rental or use of the Vehicle, including stamp duty on this Agreement and any

insurance covering the Vehicle , any fines resulting from the use of the Vehicle during the Period, and any other such amounts payable in respect of the Vehicle incurred at any time during the Period plus a reasonable charge for Hertz's processing of any such penalty or charge;

(viii) Surcharges

An amount that Hertz determines is a reasonable contribution towards the additional further operating costs of conducting business in certain regions or at certain venues.

(ix) Administrative Charges

A reasonable amount for any administrative functions Hertz undertakes in respect of Your rental of the Vehicle that Hertz considers unusual or additional, including the payment of any Government charges

(referred to in clause 3(a)(vii)).

(x) Breakdown Roadside Assistance

The cost of providing breakdown roadside assistance, where the problem (for which assistance is requested) is not a problem with, or inherent to, the Vehicle .

(xi) Miscellaneous

An amount equal to all other costs, expenses, claims, demands and penalties incurred or otherwise resulting from the use of the Vehicle by You or any other person during the Period.

(b) All charges under this clause are payable on demand. That will usually be at the end of the Period, but may involvedemands being made subsequently, such as where costs and expenses are determined some time after the Period ends.

4. Prohibited Use

You should refer to Clause 5 for Your potential liability for breaching this clause

(a) Prohibited Purposes

The Vehicle must never be used for any of the following purposes:

(i) commit an illegal or unlawful act;

(ii) race or undertake reliability trials or other contests;

(iii) convey passengers for hire or reward (unless Hertz consents in writing to the contrary);

(iv) haul any goods that, in Hertz's reasonable opinion, are incorrectly or inappropriately loaded or for such the

Vehicle was not designed (including any hazardous materials, such as any gases or substances which may form explosive mixtures);

(v) tow a trailer or any other Vehicle, including, and without limitation, a caravan (unless Hertz consents in writing to the contrary). Hertz1621 25/8/04 2:41 PM Page 2

(b) Prohibited People

The following people must never drive the Vehicle or otherwise be in control of the Vehicle :

(i) any person who is Intoxicated by any substance;

(ii) any person other than You or an Authorised Driver .

5. Damages

(a) You are responsible to the extent set out in this clause 5 for any expenses, costs or losses incurred during the Period , per incident, in respect of the Vehicle , regardless of fault. You agree to pay to Hertz the amount of Damages on demand.

(b) The amount payable under clause 5 (a) equals the Accident Damages Excess per incident (or such lower amount available to You by accepting the AER, PKG, MAX AER, or MAX PKG) i n addition to any or all of the following (capped at the amount provided for under clause 5 (c) (if applicable)):

(i) Damages (capped at $2,200 (GST inclusive) per incident) resulting from water damage (other than as a result of partial or total immersion in water, where that results from Your negligence, recklessness or carelessness);

(ii) Damages resulting from partial or total immersion in water, where that results from Your negligence, recklessness or carelessness;

(iii) Damages resulting from any Accident , being:

(A) Damages (capped at $2,200 (GST inclusive) per incident or such other amount advised by Hertz) resulting from Single Vehicle Accidents (which may be reduced to zero if You accept the MAX PKG, PKG , MAX AER, or AER);

(B) Damages resulting from any Accident occurring during the Period , unless You satisfy clause 8; or

(C) Damages resulting from any Accident if an offer of compromise or admission of liability is made or any other such action is taken in respect of that Accident ;

(D) Damages resulting from a Single Vehicle Accident (capped at $2,200 (GST inclusive) per incident or such other amount advised by Hertz) that occurs on Kangaroo Island , South Australia ;

(iv) Damages resulting from any one or more of the following: the prohibited use of the Vehicle (clause 4(a)), the use of the Vehicle by any prohibited person (clause 4(b)), and any other breach of this Agreement;

(v) Damages caused deliberately, recklessly, negligently or carelessly by You;

(vi) Damages resulting from the Vehicle being in any Full Responsibility Area ;

(vii) Damages (including the cost of repairing the body and/or undercarriage of the Vehicle) caused by objects overhanging or otherwise obstructing the path of the Vehicle .

(viii) Each of paragraphs 5(b)(i) to (vii), including each of paragraph 5(b)(iii) subparagraphs (A) to (D), are independent heads of liability; no one said paragraph in any way limits the operation of any other.

(c) Hertz currently has a Third Party Property Damage Master Policy (�Policy') that insures third party loss and damage. If You satisfy the terms and conditions, Hertz will be indemnified (subject to policy limitations, exclusions and conditions) under the Policy against third party property damage You cause with the Vehicle . Where Hertz is so indemnified, Your liability to Hertz will be limited to Hertz's excess under the policy or such lesser amount provided for in this clause 5.

(d) At no stage is Hertz responsible or liable to You for the loss, destruction or damage to any of Your property.

6. Limited Liability

(a) The Trade Practices Act implies into this Agreement warranties that the Vehicle is of merchantable quality matches any description or sample against which it is rented and any services Hertz provides to You are done using all due care and skill. Subject to that:

(i) Hertz excludes all other implied warranties, where that is lawful; and

(ii) Hertz provides no other warranties to You in respect of the Vehicle or otherwise.

(b) For the sake of clarity, save for its obligations under clause 6(a), Hertz accepts no responsibility or liability for any costs, expenses, damages (including any damages for loss of enjoyment) or any other liabilities resulting from any Accident , breakdown or any other failure of the Vehicle , irrespective of whether Hertz was in any way negligent.

(c) Hertz accepts no responsibility or liability, save for its obligations under clause 6(a), for any costs, expenses, damages (including any damages for loss of enjoyment), or any other liabilities resulting from any error or omission in any street directory or other map (whether or not provided by Hertz), or carphone or vehicle navigational system (whether installed in or otherwise provided with the Vehicle ).

(d) Hertz will not be liable to You or any Authorised Drivers for any indirect, special or consequential damages arising in any way out of any matter covered by this Agreement.

7. Representations about Hertz Services

(a) This Agreement (and any other terms and conditions (�Additional Terms') provided to You by Hertz) sets out all the terms and conditions, warranties and undertakings concerning Your rental of the Vehicle .

(b) For the sake of clarity, travel agents do not represent Hertz. Accordingly, Hertz is not bound by any claim, statement or representation made by any travel agent concerning the Vehicle or Hertz's services under this Agreement.

8. Accidents and Fines - What You Do

(a) You must report any Accident or Single Vehicle Accident (irrespective of whether it results in the Car being damaged, lost or destroyed) to Hertz as soon as possible after the Accident or Single Vehicle Accident occurs.

(b) You must provide all information Hertz reasonably requires concerning the Accident or Single Vehicle Accident . Without limiting the foregoing, You must deliver to Hertz a correctly completed written report of the Accident or Single Vehicle Accident as soon as practicable after the Accident or Single Vehicle Accident or otherwise at Hertz's request.

(c) You agree to assist Hertz (at Hertz's cost and direction) in respect of any claim or action brought in respect of any Accident or Single Vehicle Accident , including attending court to give evidence.

(d) No offer of compromise, payment, settlement, waiver release, indemnity or any other admission of liability must be given to any person involved in the Accident or Single Vehicle Accident .

(e) Any papers or other documents received by You concerning the Accident or Single Vehicle Accident must be promptly given to Hertz. You further agree to ensure that any other person who receives any such papers or documents concerning the Accident or Single Vehicle Accident provides those papers and documents promptly to Hertz.

(f) You agree to report any traffic or parking fines incurred during the Period to Hertz as soon as possible after incurring those fines.

(g) Hertz may, at its discretion, terminate Your hiring of the Car and not provide a replacement vehicle after an Accident or Single Vehicle Accident .

9. Privacy Considerations

You consent to Hertz obtaining reports from credit reporting agencies for the purpose(s) of assessing your applications to rent vehicles from Hertz and managing Your rentals of vehicles. You also consent to Hertz giving information about You to credit reporting agencies for the purposes of obtaining consumer credit reports about You and to allow the credit Hertz1621 25/8/04 2:41 PM Page 3 reporting agencies to create or maintain a credit information file containing information about You. The information can include Your identity particulars, the fact that you have applied to rent or have rented vehicles from Hertz, details of any payment which You must make to Hertz which is more than 60 days overdue and for which debt collection action has started, information that in Hertz' opinion you have committed a serious credit infringement, and information about dishonoured cheques drawn by you for AUS$100.00 or more which have been dishonoured more than once. You also authorize Hertz to exchange information about You with credit providers named in a consumer credit report issued by a credit reporting agency or named in Your application to rent a vehicle for the purposes of assessing applications by You to rent vehicles, managing Your rental of vehicles, notifying other credit providers of a default, exchanging information with other credit providers as to the status of any vehicle rentals you have with Hertz in situations where you are in default with other credit providers, and to assess Your credit worthiness. This can include any information about Your creditworthiness, credit standing, credit history or credit capacity which credit providers are allowed to exchange under the Privacy Act 1988 .

10. Credit or Charge Card Charges

(a) You authorise Hertz to charge the credit or charge card (�Credit Card'), the imprint of which or the number of which You provide to the Hertz representative when renting the Vehicle (or at any other time), in respect of all fees and amounts payable under this Agreement in respect of Your Rental of the Vehicle .

(b) You warrant that the Credit Card is Yours and You (whether alone or with another person or other people) are responsible for all amounts credited to that Credit Card.

(c) You warrant and represent to Hertz that all information provided to Hertz at any time during the Period is true and correct in every particular and the information so provided is all the information Hertz could reasonably require in respect of the matter in question.

11. General Provisions

(a) In the case of any inconsistency between this Agreement and the Additional Terms , the former prevails to the extent of the inconsistency.

(b) Neither party's rights and obligations under this Agreement may be assigned or otherwise affected without the written consent of the other party.

12. Definitions and Interpretation

�Accident' means any collision (other than a Single Vehicle Accident ) between the Vehicle and any other object,

including another vehicle, or any other incident or occurrence that results in the Vehicle being damaged, lost or destroyed;

�Accident Damages Excess' means the amount noted on the Form in the box describing the Accident Damages Excess;

�Additional Terms' has the meaning set out in clause 7(a);

�Authorised Driver' means You and/or any person:

(a) at or over the age noted on the Form ;

(b) who holds a current driver's licence that:

(i) is in English or, if not in English, is accompanied by a certified English translation;

(ii) is valid for driving the Vehicle ;

(iii) the driver has held for at least twelve months;

(c) who has Your authority to drive the Vehicle and, in respect of whom, You have notified Hertz using the appropriate form; and

(d) who is either a member of Your immediate family permanently living with You, Your employer, employee, fellow employee, partner or any other person approved in writing by Hertz. �Damages' means any expense, cost (including legal costs, calculated on an indemnity cost basis), penalty, impost, liability or any other financial obligation of whatsoever character (including any excess payable under relevant insurance policies) incurred by Hertz in respect of:

(a) the loss of, damage to, or otherwise in respect of the Vehicle , including, and without limitation, the cost of repairing the Vehicle (or, if in Hertz's reasonable opinion, the damage is irreparable, the replacement cost of the Vehicle ), administrative, appraisal, recovery services provided by or on behalf of Hertz, and the loss of the use of the Vehicle ; and

(b) any claim or demand of any third party made in respect of the Vehicle ; �Form' means the form entitled Rental Agreement and related forms on which all personal and other details are recorded, and which is completed at the time the Vehicle is rented; �Full Responsibility Area' means any of the following:

(a) Tasmania , unless hired from a location in Tasmania ;

(b) save where the Vehicle is a four-wheel drive vehicle, or where MAX PKG is accepted by You at the agreed rate per day, unsealed roads or any other areas that are not sealed roads, but not including roads under construction and short access roads to National or State Parks;

(c) any Alpine Resort (as designated under the Alpine Resorts Act) during the gazetted snow season or in any other area where a reasonable person would use snow-chains or some other such device, save for rentals where SNO has been accepted at the agreed rate per day;

(d) any beach or otherwise in or exposed to saltwater; and

(e) any other areas or regions of which You are at any time informed in writing. �Hertz' means Hertz Australia Pty Ltd ABN 31 004 407 087 of 6th Floor, 10 Dorcas Street, South Melbourne, Victoria, or, if a Hertz licensee is identified on the Form , that licensee; �Intoxicated' means where, in Hertz's reasonable opinion, the driver is under the influence of any drug or intoxicating liquor to the extent that that person's ability to control the Vehicle is materially impaired; in the context of which, a person is deemed to be in breach of this provision if, at any time, he or she refuses or fails to provide a breath sample or blood sample when lawfully required to do so by or on behalf of the Police;

�Period' means the period during which the Vehicle is rented by You, beginning at the time of delivery of the Vehicle to You and ending at the time at which You return the Vehicle to Hertz or Hertz repossesses the Vehicle or, where the Vehicle is lost, stolen or otherwise misappropriated, the time at which the Police are notified of same (being the time recorded on the Police Report of the incident);
�Rental Day' means each consecutive twenty-four (24) hour period during the Period ;

�resulting from' means resulting, whether directly or indirectly, irrespective of whether the matter referred to is the sole or partial cause;

�Single Vehicle Accident' means any Accident in which the Vehicle is involved, which Accident does not involve the Vehicle colliding with another moving vehicle, including, but not limited to, rollovers, collisions with animals, and reversing into stationary objects;

�Vehicle' means the motor vehicle described on the Form , or any alternate motor vehicle that Hertz supplies to You, whether as a replacement or otherwise, and includes all Vehicle parts, tyres, tools (supplied with the Vehicle ), accessories, and all other equipment in or fitted to the Vehicle . Each rate noted or referred to in this Agreement is the rate as determined from time to time. Hertz1621 25/8/04 2:41 PM Page 4