Subscription Terms and Conditions for myEuropcar

These myEuropcar subscription Terms and Conditions (myEuropcar TC) govern the rights andobligations of both parties in the contractual relationship in which Europcar provides vehicles to
consumers (Subscriber) within the framework of the vehicle subscription product "myEuropcar", as well
as all related services.

1

Scope

1.1

These myEuropcar TC apply in addition to Europcar's Terms and Conditions of Rental (RentalTC) in the version current at the time the myEuropcar Vehicle is collected and together with theRental Agreement they constitute the Subscriber Contract.

1.2

The Rental TC can be found at https://www.europcar.com.au/terms-and-conditions/australia

1.3

If any terms in the Rental TC conflict with these myEuropcar TC, the terms in the myEuropcar TC
will prevail.

2

Vehicle subscription and persons entitled to make bookings

2.1

myEuropcar is a vehicle subscription product that provides the Subscriber with a myEuropcar
Vehicle from a booked vehicle category for an agreed monthly fee. This monthly fee includes
standard Damage Cover, registration and compulsory third party insurance, maintenance andwear-and-tear repairs, tyres and general inspections.

2.2

The Subscriber can choose between available vehicle categories, but cannot choose a specificvehicle type or a specific vehicle.

2.3

The myEuropcar subscription product is available to persons who:(a)

are aged 21 years or more;(b)

are an Australian resident; and(a)hold a full, current and unrestricted driving licence that:(i)is valid and has not been revoked, suspended or disqualified in the state or
territory of issue; and(ii)

shows a current residential address.

2.4

The Subscriber and all persons noted on the Rental Agreement as Authorised Drivers are entitled
to use and drive the myEuropcar Vehicle. The Subscriber can add Authorised Drivers at the timeof booking. When the myEuropcar Vehicle is handed over, the Subscriber and all Authorised
Drivers must present their current drivers' licences that meet the requirements of clause 2.3.

2.5

An Authorised Driver may be added at no extra cost, but a fee applies for the addition of eachsubsequent authorised Driver.

2.6

Probationary and provisional licence holders do not qualify to be a Subscriber or an Authorised
Driver and learner drivers are prohibited from driving the myEuropcar Vehicle.

2.7

Depending on the vehicle category booked, other requirements, such as minimum age, may
apply. These additional conditions can be viewed at https://www.europcar.com.au/en-au/l/myeuropcar. The Subscriber and all Authorised Drivers must comply with the myEuropcar TC andthe Rental TC to drive the myEuropcar Vehicle provided pursuant to the Subscriber Contract.

2.8

The Subscriber must:(a)

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only provide the myEuropcar Vehicle keys to an Authorised Driver;-2(b)

ensure that all Authorised Drivers are familiar with and will comply with the myEuropcar
TC and the Rental TC; and(c)ensure that they are always able to name the driver of the myEuropcar Vehicle and must
inform Europcar of this without delay at any time upon request.

3

The Subscriber Contract

3.1

The myEuropcar subscriptions displayed on the Europcar website and on other Europcar online
sites do not constitute a binding offer by Europcar, but serve to invite the Subscriber to submit abinding offer. The Subscriber submits a binding offer to Europcar by clicking on "purchase".

3.2

After the booking, the Subscriber will receive an overview of the booked services by e-mail(Subscriber's booking overview). This does not constitute acceptance of the Subscriber Contract
by Europcar which reserves the right to refuse the offer, for example, in the event of a negative
credit report of the Subscriber. Subject to clause 3.5 the Subscriber has no right to withdraw thebinding offer once it has been accepted.

3.3

Europcar will check the availability of the booked vehicle category upon receipt of the booking. In
the event of availability, Europcar will contact the Subscriber to clarify the myEuropcar Vehicle
collection and will confirm the booking by e-mail (booking confirmation from Europcar). The
booking confirmation from Europcar to the Subscriber confirms the creation of the Subscriber
Contract between the Subscriber and Europcar for the myEuropcar car subscription.

3.4

With the booking confirmation by Europcar, the Subscriber will receive all relevant information
regarding collection of the myEuropcar Vehicle. The date of the myEuropcar Vehicle collection
cannot be changed once confirmed by Europcar. However, acting reasonably Europcar reserves
the right to refuse any booking made by the Subscriber.

3.5

The Subscriber has the option of cancelling a booked myEuropcar Vehicle subscription free ofcharge if made in writing to Europcar no less than 14 days before the date of the myEuropcar
Vehicle collection. In the event of a cancellation less than 14 days before the myEuropcar Vehicle
collection a cancellation fee will be charged (see Appendix 1). The subscription cannot becancelled after the agreed date of the myEuropcar Vehicle collection has passed.

4Monthly Subscription Fee for myEuropcar vehicle subscription

4.1

For the use of the myEuropcar Vehicle provided by Europcar, the Subscriber must pay Europcar
the agreed monthly Subscription Fee. This monthly fee owed by the Subscriber consists of amonthly lump sum for the myEuropcar Vehicle rental as well as further additional services(Extras) booked by the Subscriber. Extras may include:(a)additional kilometre package;(b)

young driver surcharge;(c)additional Damage protection; and(d)additional Authorised Drivers.

4.2

Extras may be selected by the Subscriber during the booking process. Depending on the
additional service selected, the charge is made once (usually with the first payment due) or on arecurring monthly basis. An adjustment of the Extras cannot be made after receipt of theconfirmation email from Europcar or during the Subscription Term of the Subscriber Contract.

4.3

For Subscribers and Authorised Drivers between 21 and 24 years of age, a young driversurcharge applies. This fee is charged to the Subscriber per user and per month of use and isdebited separately for the first time after the online booking and then recurrently for each month ofuse.

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-34.4The monthly Subscription Fee includes a basic free kilometre package as notified to the
Subscriber in the confirmation email and is subject to these conditions:(a)additional kilometres exceeding the kilometre allowance will be invoiced separately
according to the listed rates which can be viewed at https://www.europcar.com.au/enau/l/my-europcar;(b)

the Subscriber may add additional kilometre packages to their subscription;(c)an adjustment of the booked kilometre package is not possible during the Subscription
Term;

(d)

unused kilometres expire and cannot be carried over to the following month; and(e)only the booked monthly kilometres are available for each month of use and any additional
kilometres incurred that exceed the booked package will be charged according to thelisted fee in Appendix 1.

4.5

Acting reasonably, upon the expiration of the minimum Subscription Period (based on the
package duration initially purchased) and upon one (1) months' notice in writing to the Subscriber,
Europcar reserves the right to increase the Subscription Fee. If the Subscriber does not accept
the increased Subscription Fee they must return the myEuropcar Vehicle to Europcar (per theprocess outlined in Clause 7) within the one (1) month notice period and the Subscriber Contract
will be treated as mutually terminated.

4.6

At the end of the Subscriber Contract, Europcar will issue a final tax invoice. In the event oftermination after the agreed minimum Subscription Term has been reached, the tax invoice after
the actual return of the myEuropcar Vehicle by the Subscriber (receipted by Europcar) andcollection of the myEuropcar Vehicle at the location agreed with Europcar.

4.7

All prices are inclusive of GST.

5

Security Deposit

5.1

Europcar is entitled to retain a Security Deposit as a security for the performance of the
Subscriber's obligations and liabilities under the Subscriber Contract and will be debited from the
Subscriber's nominated means of payment at the time of the provision of the myEuropcar Vehicle.

5.2

The Security Deposit amount will be returned to the Subscriber after the expiry of the subscription
period provided that the conditions for return of the Security Deposit as set out in the Rental TC
have all been met. It is agreed that Europcar may settle any outstanding payments with the
Security Deposit.

6

Payment processes

6.1

The Subscriber agrees that tax invoices and payment receipts will be sent electronically to theemail address nominated in the booking process.

6.2

The following procedures apply:

6.3

(a)

the tax invoice for the first month of use, including any one-off additional services used,will be issued immediately after the booking of the subscription;(b)each subsequent billing of the month of use will be invoiced periodically in advance; and(c)the Subscriber will receive an email notification of the payment due 12 days before thestart of a new month of use and the payment is due 2 days after notification and iscollected from the deposited means of payment.

To book a myEuropcar subscription, a valid means of payment acceptable to Europcar must be
submitted in the online booking process. Corporate credit cards and debit cards are notLegal/80115304_1

-4acceptable by Europcar for the myEuropcar car subscription product and cannot be deposited asa valid means of payment in the online booking process.
6.4

The Subscriber agrees and authorises Europcar to debit all agreed fees and other costs andcharges (e.g. rental, one-off fees, additional fees, deposit, etc.) from the proposed means of
payment. The Subscriber remains responsible for any outstanding amounts.

6.5

If a payment cannot be successfully processed because the proposed means of payment has
insufficient funds, has expired or a debit fails for other reasons, the Subscriber will receive an email from Europcar with instructions to update the means of payment. The Subscriber must
immediately deposit a valid means of payment from which the agreed fees can be collected.

7

myEuropcar Vehicle collection, myEuropcar Vehicle return

7.1

The Subscriber Contract is based on vehicle category (ACRISS code). The Subscriber is provided
with a myEuropcar Vehicle of the booked vehicle category for the duration of the Subscriber
Contract but there is no entitlement to a specific brand, model, equipment line or colour. The
requirements and conditions of the respective vehicle categories are listed and can be viewed athttps://www.europcar.com.au/en-au/l/my-europcar

7.2

If the Subscriber does not collect the myEuropcar Vehicle on the agreed date, the Subscriber
Contract remains in force and the myEuropcar Vehicle will be available for collection for seven (7)days after the originally agreed collection date. If the myEuropcar Vehicle is not collected by the
Subscriber during this period:(a)Europcar is entitled to treat the Subscriber Contract as automatically terminated without
the need for a separate notice of termination; and(b)a termination fee of one (1) month’s Subscriptions Fees will be payable.

7.3

The myEuropcar Vehicle will be handed over exclusively to the Subscriber and only uponpresentation of the booking confirmation and a current, valid and unrestricted driver's licenceissued in an Australian state or territory. If the Subscriber is unable to present these documents,
the myEuropcar Vehicle will not be handed over. For Authorised Drivers, a current, valid andunrestricted driving licence issued in an Australian state or territory must also be presented at thetime of handover of the myEuropcar Vehicle.

7.4

When booking delivery of the myEuropcar Vehicle the confirmation email will specify the handoverlocation at which it will be available. Europcar will provide reasonable notification to the Subscriberof the time slot for delivery of the myEuropcar Vehicle. If the Subscriber misses the appointment,
no refund of the delivery costs will be made. If the Subscriber wishes to have the myEuropcar
Vehicle delivered again, an additional charge (at the same delivery cost) for each additionaldelivery attempt by Europcar will be charged to the Subscriber. The myEuropcar Vehicle will bedelivered to the Subscriber with a full tank of fuel and if it is an electric vehicle, with a charge levelof at least 80%. The costs of fuel consumption during the delivery are the Subscriber's
responsibility as part of the delivery service.

7.5

The myEuropcar Vehicle must be returned to the place, date and time agreed in the returnconfirmation. The Subscriber is required to be present at the time of the myEuropcar Vehicle
return in order to document the condition of the myEuropcar Vehicle. Any returns of the
myEuropcar Vehicle after the agreed date or time will be charged a fee. Returns after hours are
not accepted.

7.6

When booking a collection of the myEuropcar Vehicle it is to be collected from the place ofdelivery agreed in the booking confirmation. This corresponds to the location of the original
myEuropcar Vehicle delivery. Should a collection from a different location be requested, an
additional charge will apply. Europcar will inform the Subscriber in reasonable time of the timeslot of the myEuropcar Vehicle collection. If the Subscriber misses the appointment, there will be
no refund of the myEuropcar Vehicle collection costs. If the Subscriber wishes to have the
myEuropcar Vehicle collected again, an additional charge will apply.

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-57.7The myEuropcar Vehicle must be returned to or collected from Europcar with a full tank of fuel andcleaned inside and out so that the condition of the myEuropcar Vehicle can be assessed when the
myEuropcar Vehicle is returned. If the myEuropcar Vehicle is not returned or collected with a fulltank of fuel, Europcar will refuel the myEuropcar Vehicle and charge the Subscriber a refuellingfee. In the case of purely electric vehicles, the myEuropcar Vehicle must be returned or collectedwith a charge level of at least 80%, otherwise a one-off charging fee will apply.

7.8

If new Damage is discovered during the inspection of the myEuropcar Vehicle after it is returned,
this will be documented in a damage report. Further processing of the claim will be carried out inaccordance with the Rental TC. In the event of a claim, the relevant provisions of the Rental TC
apply.

8

myEuropcar Vehicle exchange

8.1

The vehicles used for myEuropcar are subject to manufacturer limited holding periods andkilometre limits. The Subscriber acknowledges and confirms that Europcar is entitled to exchange
vehicles during the Subscription Term and to provide the Subscriber with another myEuropcar
Vehicle from the same agreed vehicle category. A myEuropcar Vehicle exchange does not extend
the minimum Subscriber Contract period.

8.2

If a myEuropcar Vehicle exchange is due, Europcar will arrange an appointment for this with the
Subscriber at a Europcar rental station with a notice period of at least seven (7) days. The
Subscriber must attend the appointment and comply with all necessary steps for the myEuropcar
Vehicle exchange. All authorised persons registered for use are entitled to exchange the
myEuropcar Vehicle upon presentation of the valid identification document and a valid and current
driving licence issued in an Australian state or territory.

8.3

In the event of a myEuropcar Vehicle exchange, the myEuropcar Vehicle must be returned toEuropcar with a full tank of fuel and if it is an electric vehicle with a charge level of at least 80%. It
must also be cleaned inside and out in such a way that the condition of the myEuropcar Vehicle
can be assessed when the myEuropcar Vehicle is returned.

8.4

If new Damage is discovered during the inspection of the myEuropcar Vehicle when it is returned,
this will be documented in a damage report. In the event of a claim, the relevant provisions of theRental TC apply.

8.5

If the Subscriber does not comply with the request for an agreed date for a myEuropcar Vehicle
exchange or does not comply in a reasonable time, Europcar reserves the right to charge theSubscriber a fee per transaction. This does not affect the obligation to exchange the myEuropcar
Vehicle.

8.6

If the Subscriber repeatedly fails to meet their obligations, Europcar acting reasonably may
terminate the Subscriber Contract.

8.7

In the event of a myEuropcar Vehicle exchange, the optionally bookable extra Delivery andCollection does not apply.

9

Notification of myEuropcar Vehicle condition

9.1

In order to check the condition of the myEuropcar Vehicle, the myEuropcar Vehicle safety and theagreed kilometre usage, during the Subscription Term upon request by Europcar the Subscriber
must provide information on the condition of the myEuropcar Vehicle (e.g. kilometres travelled,
inspection due date, new Damage, technical defects), but no more than once per month of use.
The following conditions apply:(a)

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the Subscriber will receive a request by email to the email address provided in the booking
and the information must be provided to Europcar within a period of 3 calendar days fromreceipt of the request;

-6(b)

if the Subscriber does not provide the information to Europcar or does not provide it intime, Europcar is entitled to set a new deadline for the Subscriber to provide theinformation; and(c)if the Subscriber fails to comply with this second request, Europcar is entitled to charge a
to fee for contacting and manually recording the information.

9.2

Europcar is also entitled to contact the Subscriber on the basis of the information provided and toarrange a physical myEuropcar Vehicle check at any time within ten (10) working days at a
Europcar Rental Station in order to check the condition and myEuropcar Vehicle safety. If the
Subscriber does not comply with the request for a physical myEuropcar Vehicle check within theset period or on the agreed date, Europcar reserves the right to charge the Subscriber a fee. This
does not affect the obligation to present the myEuropcar Vehicle at the agreed Rental Station.

9.3

At all times Europcar has a right to inspect the myEuropcar Vehicle used by the Subscriber upon
reasonable notice. The Subscriber is obliged to provide the location of the myEuropcar Vehicle
upon request.

10

Liability

10.1

Subject to clause 10.2, during the subscription period the Subscriber is liable to Europcar for theloss of the myEuropcar Vehicle and for any Damage to the myEuropcar Vehicle beyond normal
wear and tear to the extent that the Subscriber or an Authorised Driver is responsible for such
Damage.

10.2

Standard Damage Cover applies to the Subscriber Contract and subject to the rental TC andthese myEuropcar TC the Subscriber is only liable for each separate claim up to the amount of theagreed Damage Excess.

10.3

Even if Damage Cover applies, the Subscriber is fully liable for all Damage caused when the
myEuropcar Vehicle is used by an unauthorised driver or when the myEuropcar Vehicle is used
for unauthorised purposes. If the Subscriber has committed a Serious Breach of the Rental TC
there is no Damage Cover for any Damage, theft or third party loss caused by such breach.

11

Subscription Term, termination

11.1

There is a distinction between the 'minimum Subscription Term' and 'Subscription Term
extension'.

11.2

The minimum Subscription Term means the agreed minimum term for which the myEuropcar
Vehicle must be subscribed to by the Subscriber. The Subscriber selects the minimum
Subscription Term in the booking process. If the Subscription Contract is not terminated after the
expiry of the agreed minimum Subscription Term, the subscription enters into the Subscription
Term extension and is automatically extended by one month at a time until terminated by the
Subscriber, or by Europcar, pursuant to clause 11.6.

11.3

Once the maximum Subscription Term of 24 months has been reached, the Subscription Contract
will automatically end without the need for termination by the Subscriber or Europcar.

11.4

A termination by the Subscriber can be made at the earliest at the end of the agreed minimum
Subscription Term. The cancellation shall be made at least in text form by e-mail tomyeuropcar.aunz@europcar.com or via the link "Arrange Vehicle return" in the monthly billing email, with a notice period of fourteen (14) working days. By requesting the termination of the
Subscriber Contract and the return of the myEuropcar Vehicle the Subscriber agrees to a returndate and to a cancellation of the Subscriber Contract. This does not constitute a binding returndate and Europcar will clarify the details of the myEuropcar Vehicle return with the Subscriber by
telephone (see FAQs document for the relevant phone number) or email and confirm the
myEuropcar Vehicle return date by email.

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-711.5

If Europcar commits a material breach of the Subscriber Contract the Subscriber may terminate
the Subscriber Contract if the Subscriber has given Europcar no less than 14 days’ written notice
to rectify the breach and Europcar has failed to do so within the 14 day notice period.

11.6

Acting reasonably, Europcar may terminate the Subscriber Contract if:(a)there is a default in the means of payment deposited by the Subscriber;(b)

the Subscriber is in default in payment of the subscription, or a not insignificant part of thesubscription, for two consecutive days;(c)there is major Damage to the myEuropcar Vehicle, unless the Subscriber is not
responsible for the Damage;(d)material defects or Damage to the myEuropcar Vehicle are not reported immediately toEuropcar;(e)

the Subscriber substantially infringes Europcar's rights by significantly endangering the
myEuropcar Vehicle by failing to comply with the Rental TC's or by allowing it to be usedor driven by an unauthorised third person and continues this behaviour even after awarning by Europcar;(f)

an appointment agreed with Europcar (e.g. return of the myEuropcar Vehicle, inspectionof the myEuropcar Vehicle, etc.) is not kept; or(g)

the Subscriber repeatedly or seriously breaches the myEuropcar TC or commits a Serious
Breach of the Rental TC.

11.7

If Europcar terminates the Subscriber Contract, the Subscriber must return the myEuropcar
Vehicle to Europcar within 48 hours after receipt of the notice of termination, taking into accountthe provisions on myEuropcar Vehicle return described in clause 7. The myEuropcar Vehicle must
be returned to the Rental Station where the myEuropcar Vehicle was rented. If the Subscriber fails
to comply with this obligation, Europcar reserves the right to report the myEuropcar Vehicle asstolen to the police and to take legal action to recover the myEuropcar Vehicle.

11.8

If the myEuropcar Vehicle is not returned by the Subscriber on the due date and time, or if the
myEuropcar Vehicle cannot be collected and returned by the Subscriber as agreed, due to a delay
for which the Subscriber is responsible, Europcar may charge the Subscriber the daily pro rata
amount of the monthly subscription fee for each day that the agreed subscription period is
exceeded until the myEuropcar Vehicle is returned by the Subscriber or collected by Europcar.

11.9

If the Subscriber terminates their myEuropcar car subscription without notice before the end of theagreed minimum Subscription Term, the Subscriber will be charged the full costs and fees for theremaining minimum Subscription Term. Further claims for outstanding payments and Damage, as
well as lost profits, remain unaffected.

12

Data protection
With regard to the data protection regulations, reference is made to Europcar's data protection
Policy, the current version of which can be viewed online on the website athttps://www.europcar.com.au/privacy-policy

13

Other provisions

13.1

These myEurocpar TC, the Rental TC and the Rental Agreement contain the entire understanding
between the parties as to the subject matter of the Subscriber Contract and no oral explanation or
information provided by any party to another affects the meaning or interpretation of the
Subscriber Contract.

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-813.2

Europcar reserves the right at any time to modify its services in a manner reasonable to the
Subscriber in order to further develop and improve those services.

13.3

Europcar reserves the right to amend these myEuropcar TC insofar as this is reasonable for the
Subscriber. If the Subscriber does not exercise their right of termination within four (4) weeks after
notification of a change, they shall be deemed to have given their consent. The current version of
the myEurocpar TC can be viewed online on the Europcar website athttps://www.europcar.com.au/en-au/l/my-europcar

13.4

The Subscription Contract is subject to the laws of the Commonwealth of Australia and the stateor territory in which the Subscription Contract is entered into by the Subscriber and Europcar.

14

Definitions and Interpretation

14.1

Definitions
In these myEurocpar TC:
1.
Authorised Driver means an additional driver who meets the mandatory
requirements of clause 2.3 and who is approved and recorded by Us at the time of booking. An
extra charge applies for the second and any additional Authorised Drivers.
Damage has the meaning in the Rental TC.
Damage Cover has the meaning in the Rental TC.
Europcar means CLA Trading Pty Ltd ABN 81 082 220 399 trading as Europcar Australia.
myEuropcar Vehicle means the vehicle described in the Rental Agreement and includes its
parts, components, electric vehicle batteries, accessories, keys, keyless start or remote-control
device, audio equipment, GPS Tracking Device, child restraints, tools, spare tyre and first aid kit or
any vehicle substituted by Us pursuant to these myEuropcar TC.
Security Deposit Vehicle is provided as is retained as security for the fees and charges incurredand payable under the Subscriber Contract and is fully refundable subject to clause 5.2.
Subscriber Contract means the contract between Europcar and the Subscriber which comprises
these myEuropcar TC, the Rental TC and the Rental Agreement, and are all to be read together
as the one document.
Subscription Fee means the monthly amount payable by the Subscriber for the use of the
myEuropcar Vehicle, together with GST and includes any Extras booked by the Subscriber andany other taxes or levies, all of which are all fully set out in the tax invoices issued to the
Subscriber pursuant to clause 6.2 .
Subscription Term means the minimum subscription period as shown in the Rental Agreement,
and if the Subscriber Contract is not terminated after the expiry of the minimum Subscription
Term, includes the Subscription Term extension pursuant to clause 11.2, up to a maximum
subscription period of 24 months.

14.2

Interpretation
In these myEuropcar TC:(a)

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unless the context otherwise requires a reference to:(iii)

a person or entity includes an individual, a firm, a body corporate, a trust, an
unincorporated association or an authority;(iv)

a person includes their legal personal representatives (including executors),
administrators, successors, substitutes (including by way of novation) andpermitted assigns;

-9(v)a group of persons is a reference to any two or more of them taken together andto each of them individually;(vi)

an entity which has been reconstituted or merged means the body asreconstituted or merged, and to an entity which has ceased to exist where its
functions have been substantially taken over by another body, means that other
body;

(vii)

time is a reference to legal time in Melbourne, Victoria;(viii)

a reference to a day or a month means a calendar day or calendar month;(ix)

money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;(b)the meaning of any general language is not restricted by any accompanying example, andthe words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words oflimitation;(c)headings and the table of contents are for convenience only and do not form part of thisagreement or affect its interpretation;(d)where there are two or more persons in a party each are bound jointly and severally; and(e)a provision of this agreement must not be construed to the disadvantage of a party merely
because that party was responsible for the preparation of this agreement or the inclusionof the provision in this agreement.

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- 10 -

2.

Appendix 1 - Fees

Fee Type

Description

Cost (including GST)

Additional Kilometres

Charged for kilometres travelled
beyond that included in thesubscription each month$0.25 per km

Cancellation Fee

Charged the event of acancellation by the Subscriber ofless than 14 days before the
myEuropcar Vehicle collection$250

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