FlyerTalk Forums - View Single Post - Rental Car Damaged by Third Party Whilst In My Care
Old Oct 14, 2011, 10:38 pm
  #6  
AdMEL
 
Join Date: Jun 2010
Location: Melbourne, Australia
Programs: QFF NB, Velocity Silver, Hertz 5*, Avis Preferred, Thrifty Blue Chip (Oz), Europcar Privilege Exec.
Posts: 378
From Budget terms and conditions:

LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
8.1 Subject to this clause 8, You are liable:
(a) for the loss of, and all damage to, the Vehicle; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or any person You allow to drive the Vehicle; or
(ii) which arises from the use of the Vehicle by You or any person You allow to drive the Vehicle.
This clause 8 does not apply to any damage or loss for which Budget is
liable to You under this Rental Agreement.
Remember that references to the ‘Vehicle’ include all of its parts,
components, Accessories and contents (see the definitions of ‘Vehicle’ and

‘Accessory’ in clause 1).
8.2 Subject to clauses 8.3 and 8.4, Budget waives Your liability under clause 8.1 for damage to, or loss of, the Vehicle and will ensure that You and any Authorised Driver are entitled to be indemnified under the Budget Insurance Policy, if:
(a) You accept and pay 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 for each separate event involving:
(i) damage (including hail damage) to, or loss of, the Vehicle;
or
(ii) damage to the property of any third party which is caused by the
use of the Vehicle by You or an Authorised Driver.
8.3 Additional amounts payable: In addition to Clause 8.2, You must always pay
to Budget the following costs and fees:

(a) the cost of repairing any:
(i) Overhead Damage or Underbody Damage;
(ii) water damage to the Vehicle;
(iii) damage to the Vehicle or to the property of any third party caused
by a breach of clause 3, 4.1 or 5;
(iv) damage to a tyre or an Accessory not attributable to normal wear
and tear; and
(v) damage to the Vehicle or to the property of any third party caused
deliberately or recklessly by You, any other driver of the Vehicle or
any passenger carried during the Rental Period;
(b) the cost of replacing, if lost or stolen, an Accessory; and
(c) if You have breached the Rental Agreement, a per day loss of revenue
fee based on the estimated downtime of the Vehicle.

8.4 (a) For the purposes of this clause 8.4, ‘Recovery Costs’ means, in relation
to the loss of, or damage to, the Vehicle;
(1) any appraisal fees;
(2) any towing, storage and recovery costs; and
The relevant points are in bold. The way I interpret it is, that provided you do not breach the rental agreement and pay the excess, you are not liable for any other costs. However, if you breach the rental agreement, you become liable for loss or revenue.
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