General Terms and Conditions for vehicle reservation

These general Terms and Conditions govern any vehicle reservation carried out through www.avis.com.uy , owned by URUCAR S.A., Avda.Uruguay 1417, 11200, Montevideo, Uruguay (hereinafter AVIS).

Avis is a company legally incorporated in Uruguay, Tax Payers Sole Register Nº 210922340013, email avis@avis.com.uy.

By using the vehicle reservation service, customers accept the general terms and conditions provided by AVIS at the time of accessing the service. For that reason, it is advisable for Customers to read the general terms and conditions of the service, which shall be available in English at any time in AVIS’s website, before having access to the service.

The essential characteristics of the vehicle as well as the proceedings that shall be followed for its reservation are those described in these presents, as well as those specific ones that may be displayed on the screen during the navigation of the website. Therefore, the customer acknowledges and accepts such proceedings as necessary for the execution of the reservation contract. In that sense, AVIS informs that no electronic document is generated during the utilization of said reservation service, due to which it is not possible for it to be filed nor accessed by a third party.

By using the service, the Customer agrees to AVIS Legal Notice included in its website, which shall be also read before acceding to the aforementioned service.

II. Vehicle Reservation Service.

In order to use the vehicle reservation service, the customer, who shall be 21 or older, shall follow the instructions displayed on the screen that shall require, among others, to execute the following directives:
· Selection of the reservation details (place, pick-up and return dates, car group, optional equipment).
· Offer page that includes the rental price
· Fill in all the fields in the personal information form
· Reading and acceptance of these general terms and conditions
· Clicking on the CONTINUE icon/button.
· Confirmation of the reservation page.
· Reception in the Customer’s email account of an email containing the details of the reservation.
2.1 Price.
The vehicle reservation carried out through AVIS’s website is free of charge.
2.2 View/Modify/Cancel reservations.
The Customer may, at any time, view, modify and/or cancel the reservations made by clicking the “View/Modify/Cancel” button, that appears on the “Rates and Reservations” section on the top of the company’s homepage, by entering his last name and the reservation number. Thus, the Customer may identify and correct the mistakes in the details, as well as cancel the service without any penalization.
In case the Customer wishes to set out any doubt or problem arisen concerning vehicle reservation or file any claim with AVIS, they may send a letter to the address stated in the first article of these Terms and Conditions or send an email to the following address: avis@avis.com.uy.

III. Liability Exemption

AVIS shall not be liable for any damages that may arise from, by way of example but not limited to:

• Delays and blocking in the Internet caused by failures or overloads as well as in any other electronic system.
• The impossibility of providing the service or allowing access for any cause not imputable to the company.
• Interference, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operative functioning of this electronic system or the customer’s equipment.
• Any anomalous functioning of the service for causes alien to the company and that may prevent the reservation from being made. Anomalous functioning as used here means the incorrect issuance of reservations or with any kind of mistake.

IV. Personal Information and Commercial Communications Policy

Pursuant to the provisions in force concerning the protection of personal information and services of the information society and electronic commerce, AVIS informs Customers of the existence of an automated file of personal information created by and under the responsibility of AVIS with the sole purpose of performing the maintenance and administration of the contract relationship with the Customer, as well as the tasks related to the information and commercialization of the car rental service and the activities related to it. As for commercial communications via email or an equivalent means, the acceptance of this Privacy policy by the Customer implies that the Customer expressly agrees to the sending of advertising through the aforementioned means.Unless otherwise specified, the answers to the questions regarding Personal Information are mandatory, and the luck of an answer shall imply the impossibility of providing the car rental service or any other service available in the AVIS website.

Furthermore, AVIS informs Customers about the possibility of exercising the rights to access, modify and cancel and oppose through a written petition addressed to URUCAR S.A., Avda. Uruguay 1417, Montevideo, Uruguay. AVIS undertakes to keep under confidentiality the personal information, and fulfill its duty to save it and it shall adopt the necessary measures to prevent their alteration, loss, unauthorized handling or access, taking always into account the state of the technology.

In order to provide the service, in certain cases, AVIS may need to share the Costumers’ personal information with third parties. Concerning this matter, AVIS informs that it operates through the AVIS RENT A CAR SYSTEM, for which the Customer expressly agrees to the assignment to the URUCAR S.A. group companies, nationally and internationally, specifically to AVIS INC. (USA), and the group of distributors and agents that may collaborate with AVIS in the contracting of the car rental service, of the personal information contained in the aforementioned file, with the sole purpose of providing the best service and attention to the client. In the event the online reservation was not made effective, AVIS shall only preserve the personal information expressly provided by the customer for commercial communication purposes via any means, including email or an equivalent means, as long as said consent is not revoked, canceling the rest of the information provided, in accordance with the provisions in force concerning information protection.

V. Prevailance

These General Reservation Terms and Conditions may be complemented and/or modified due to the specific conditions of each individual service. Therefore, the Customer undertakes, prior to the request and use of each service, to read the particular applicable terms and conditions.

VI. Applicable Legislation and Jurisdiction

These General Terms and Conditions shall be governed by Uruguayan laws, that shall be applied in all those matters not provided for herein concerning construction, validity and execution.

The parties expressly consent to the jurisdiction of the Courts of the place where the obligation must be fulfilled any claim that may arise from the construction and/or execution of these General Terms and Conditions of Reservation.

Fees and Charges

The rental price may be charged to an AVIS credential or any of the main credit cards accepted by Avis.
The Customer undertakes to pay for the gas consumed, as well as for the parking and traffic fines he may have incurred in.

The Customer shall bear the charges for the return at an airport, train station or port, when applicable.
The vehicles rented at the offices in the Uruguayan airports, shall be charged with an additional fee of 12 American dollars (VAT included).

Rental day shall be counted in 24-hour periods as of the exact hour in which the client rented the vehicle and until the return of the vehicle, its keys and its documents by the renter.

Taxes

All the charges are subject to the corresponding tax. In Uruguay the taxes are: VAT 22%.

Driving License

The Customer shall be in possession of his driving license, with at least two years from the expedition date, and be 21 years old.

Avis Assistance

In Uruguay, Avis offers a free assistance service in the highway, 24 hours a day through the telephone numbers: 098 1700 01 o 098 1700 02.

During office hours, the Customer shall contact the office where the car was rented.

Additional driver

In Uruguay, the charge for each additional driver is 10 American dollars (VAT included) per rental.

One Way

In Uruguay, it is allowed to return the cars in different offices. Ask for the charges for this service.
Vehicles shall not be taken to other countries.

Gas

AVIS’s fees do not include gas costs. Generally, Avis delivers the vehicle with a full tank. If, due to any circumstances, the tank could not be returned loaded, Avis shall charge for the gas consumed plus an additional charge corresponding to expenses.

Optional equipment

In Uruguay, there are child seats available for 3 American dollars (plus VAT) per rental day and per chair or 15 American dollars (plus VAT) per week and chair.

Some vehicles do not have the necessary technical characteristics for the installation of a roof rack.

Vehicle Mobility

The vehicles shall not be taken to other countries. Customers are not allowed to transport the vehicle onboard any kind of ship, train, truck or plane (unless expressly authorized by Avis in writing)

Insurance and coverage

Vehicle Insurance

Avis’s vehicles have a Civil Liability Insurance, free of charge.

The vehicle’s insurance does not include coverage of the following: damages to the vehicle due to collision, theft, vandalism, theft of personal belongings, death of or injuries to the client or passengers in the vehicle.
In order to protect Customers from liabilities that exceed the vehicle’s insurance, Avis offers a complete protection package that includes the following optional coverages:
Partial Liability Exemption for Damages to the integrity of the vehicle (PDW)
PDW is not an insurance. It is an optional cover that partially exempts the client from the monetary liability for damages to or theft of Avis’s vehicle, due to a collision or vandalism.

If the Customer does not accept the PDW, he shall be liable not only for the vehicle’s repair expenses but for any other expenses and costs that may arise from said damages such as transportation and/or towing, detention of the vehicle and/or lost profits to a maximum amount corresponding to the market value of the vehicle and in case of theft or damages, he shall be liable for the cost of replacing it, to a maximum amount equivalent to the value of Avis’s vehicle.

If the Customer accepts the PDW, he shall only be liable for the payment of a non exemptable amount, in case of damages to or theft of the vehicle, as showed in the corresponding chart. The non exemptable amount for damages or theft shall be applied to all the vehicles of the fleet, owned by Avis Uruguay or Avis Uruguay Licenses, independently from the fee established in the contract, unless otherwise provided.
Said amount shall be returned to the Customer within a two-month period, if the liability of a third party is documented, and if there is a document where the third party recognizes its liability.
Total Liability Exemption for damages to the integrity of the car and/or for theft or disminución del vehículo (LDW)
Avis offers to its Customers a total cover against damages, theft or disminución del vehículo due to a collision or theft.

By accepting the LDW, the Customer is exempted from any monetary liability for damages to the integrity of the vehicle or for theft or disminución del mismo.
The price of this cover varies according to the kind of car and duration of the rental, as showed in the corresponding chart.

Verification of the vehicle’s condition

Avis’s procedures establish that the vehicle shall be inspected at the time of the rental and when it is returned, to identify any damage and determine the liability.

When the Customer picks up the vehicle, the Avis agent shall inspect the vehicle and take note in the contract of damaged that he identifies.

When the client returns the vehicle, it shall be inspected again to compare the damages with the pick-up list. If the return list shows damages that were not in the pick up list, such damages shall be charged to the client.

Terms and Conditions of the Rental Agreement

1. OBJECT – URUCAR S.A. (AVIS)
gives to the lessee indicated overleaf and the lessee takes in lease the vehicle
described therein, in perfect conditions, receiving it to his/her entire satisfaction.

2. PRICE – The lessee shall pay to URUCAR S.A. (AVIS), in the agreed manner, the rental fee and remaining charges for the use of the vehicle, as per the provisions set forth overleaf.

3. TERM – The maximum contractual term shall be indicated overleaf. There will be no automatic renewal thereof and the term of the contract can only be extended by the lessee attending an office of URUCAR S.A. (AVIS), where the renewal shall be duly documented and rental will be paid for the additional term. If such requirement were not fulfilled, the lessee shall have to pay for the loss of profit an amount equal to the price of the rental for each day of illegitimate withholding of the vehicle, plus a daily fine equivalent to 100 % of the rental notwithstanding continued custody of the property and automatic loss of all benefits set forth in favor of the lessee in the contract, becoming fully liable for all damages caused to the vehicle or to third parts.

4. PROHIBITIONS - The lessee shall answer for all the charges for damages if he/she or any other additional driver:

a) should use the vehicle for unlawful operations or in breach of any of the provisions set forth in the present agreement,
b) should drive in violation of rules and regulations or under the influence of alcohol or other intoxicating substances,
c) should not immediately present any report of an accident, robbery or fire to the police authorities and to URUCAR S.A. (AVIS) and /or should not adopt the measures necessary to avoid the loss of the  benefits of insurance, in particular, delivering all the required documentation and subscribing all the documents pertaining  to the case,
d) should present fraudulent documentation (adulterated driver’s license, I.D. card or credit card),
e) should allow a person not authorized by URUCAR S.A. (AVIS) to drive the vehicle or should take the vehicle beyond
national territory (cross the border to a foreign country),
f) should sublease or assign the vehicle in any manner whatsoever,
g) should use the vehicle to tow or haul anything or should transport passengers or load beyond the maximum authorized figure, or should participate with it in competitions or tests,
h) should transport flammable or explosive materials.

Non compliance with any of these obligations shall call for a penalty of US$ 1.000, notwithstanding the applicable indemnity for damages. The penalty will not be prorated and may be demanded both with the compliance of the agreement and with the rescission.

5. COVER´S EXCEPTIONS –In case of accident in via or ground´s way, the damages experienced by the vehicle will not be reached neither total nor partially by the cover, so the lessee and/or others forced by this contract will have to pay completely the damages. To take place an upset of the vehicle in via, way or route, it will stop the cover and the lessee and/or others forced by this contract will have to pay liquidation for reason or purpose anticipated of damages the amount equivalent to 50% of the commercial value of the vehicle in the market. In both cases, the exception is when the following hypothesis happens, the responsibility in the wreck will correspond to a third person and that the referred damages will be paid by this one - voluntarily or by judicial decision -or by his insuring company. However, in all the cases the lessee and/or others forced by this contract will have to pay to the dismissed profit and the cost of transfer the ill-fated vehicle to the agreed palce of delivery in immediate form, without damage of the repetition right that could attend to him with respect to the third person in charge.

6. RESCISSION – The fact of the lessee incurring in any breach hereof, shall empower URUCAR S.A. (AVIS) to demand by this sole requirement the rescission of the agreement and to proceed to recover the vehicle.

7. PUBLIC LIABILITY – The lessee agrees to be liable for all damages exceeding the amount paid by the insurer for the concept of public liability or the full amount of such public liability if the insurer should deny payment for a cause imputable to the lessee.

8. GUARANTY – If the lessee should be made in the name of a legal entity, the subscriber of this agreement shall by the mere fact of having signed it become the joint surety of the obligations of the said entity. Likewise, the authorized additional drives undertake the status of joint surety of the obligations of the lessees.

9. AUTORIZATION – The lessee agrees to the collection by URUCAR S.A. (AVIS) of the rent, fuel, fines and any other expense incurred by him/her throughout the lease of the vehicle, amount to be debited by the issuing entity of his/her credit card.

10. DOMICILES - The parts further agree upon automatic default, jurisdiction of Uruguayan courts and contractual domiciles to be those indicated by the parts on the reverse of this form.

IMPORTANT – The total cover does not include the loss of keys and/or accessories.