Terms and conditions

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Rental Terms and Conditions

1 Introduction

1.1 Rental Contract

Your contract to hire a Vehicle from U-Haul Australia Pty Ltd (Rental Contract) consists of:

(a) the agreement (Rental Agreement) You have signed to hire the Vehicle from Us;

(b) Our Privacy Policy; and

and together they create binding and enforceable legal obligations.

1.2 Jurisdiction

The Rental Contract is governed by the laws of the start or territory in which the Rental Station is located and You agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 Australian Consumer Law

You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.

1.4 Electronic signatures

We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

2 Who may drive the Vehicle?

IMPORTANT NOTICE

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 13 for further details.

2.1 Authorised Drivers

Only You or an Authorised Driver can drive the Vehicle. Allowing anyone who is not an Authorised Driver to drive constitutes a Major Breach of the Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.

2.2 Age limits

There is a minimum and maximum age limit for those renting Our Vehicles. You and any Authorised Driver must be at least 25 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.

2.3 Licence requirements

(a) You and any Authorised Driver must also have a current valid physical licence to drive the Vehicle which is:

(i) issued in an Australian state or territory;

(ii) appropriate for the class of the Vehicle; and

(iii) not subject to any restriction or condition.

(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Vehicle.

2.4 Cancelled and suspended licences

The Vehicle must not be driven:

(a) whilst Your driver's licence is cancelled or suspended, including as a result of an accumulation of demerit points; or

(b) if Your licence has been cancelled or suspended, within three (3) years of the date of the Rental Agreement.

2.5 False information

The Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver's licence.

3 Prohibited Use

IMPORTANT NOTICE

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 13 for further details.

3.1 The Vehicle must not be driven by You or any Authorised Driver:

(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;

(b) recklessly or dangerously; or

3.2 You and any Authorised Driver must not:

(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;

(b) use the Vehicle:

(i) for any illegal purpose;

(ii) to move dangerous, hazardous, biohazardous, infectious, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii) to propel or tow another vehicle;

(iv) to carry or transport illegal drugs or substances; or

(v) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

(i) to make or receive a phone call, perform any audio function or as a navigational device, unless the Vehicle is stationary and the body of the phone is secured in a mounting affixed to the Vehicle and its use does not require manual operation of the phone; or

(ii) to send a text message, video message, email or similar communication unless the Vehicle is parked.

3.3 You and any Authorised Driver must not:

(a) damage the Vehicle deliberately or recklessly or allow anyone else to do so;

(b) modify the Vehicle in any way;

(d) register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

3.4 You and any Authorised Driver must not use the Vehicle to carry:

(a) passengers for hire, fare or reward or for rideshare purposes;

(b) more than the number of passengers for which the Vehicle is licenced; or

4 Prohibited areas of use

IMPORTANT NOTICE

A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 13 for further details.

4.1 The Vehicle must never be driven:

(a) on an Unsealed Road;

(b) Off Road; or

4.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include:

(a) roads that are prone to flooding or are flooded;

(b) beaches, sand dunes, streams, rivers, creeks, dams and floodwaters or any area exposed to saltwater;

(d) any road that is closed; and

(e) any road where it would be unsafe to drive the Vehicle.

5 Your obligations

IMPORTANT NOTICE

A breach of any of sub-clauses 5.5, 5.6, 5.7, 5.8 or 5.10 is a Major Breach of the Rental Contract. See clause 13 for further details.

5.1 Start of the Rental

(a) At the Start of the Rental and before collecting the Vehicle You must:

(i) present Your Australian physical driver's licence (digital licences are not accepted) and that of any Authorised Driver and permit copies of the drivers' licences to be made and kept by Us; and

(ii) fully inspect the Vehicle to ensure that the condition of the Vehicle and any pre-existing damage is accurately noted and shown in the Rental Agreement and if there is any discrepancy You must notify Us prior to leaving the Rental Station.

(b) The driver's licence and Visa/MasterCard credit/debit card presented at the Start of the Rental must be in the same name, as We do not permit the credit/debit card in the name of a different person to be used.

5.2 Preauthorisation

(a) A pre-authorisation of $250 will be put on Your Visa/MasterCard at the Start of the Rental and will remain on the card until the card issuer bank releases the funds, generally within thirty (30) days (We are unable to expedite voiding of the authorisation held by the bank). If the Visa/MasterCard does not have the available funds for the pre-authorisation amount at the Start of the Rental, the hire will not commence.

(b) This pre-authorisation amount is held by Us as a security for the performance of Your obligations and liabilities under the Rental Contract and cannot be used for extensions during the hire.

(i) all amounts due to Us under the Rental Contract have been paid, including toll road charges and refuelling costs;

(ii) the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement;

(iii) there is no Damage (except for reasonable wear and tear) or Third Party Loss;

(iv) the exterior and interior of the Vehicle are clean;

(v) the Vehicle has a full tank of fuel; and

(vi) there has not been a Major Breach of the Rental Contract.

5.3 During Your rental

(a) You must:

(i) inspect the Vehicle daily for oil, water and fuel leaks, Damage and check tyre pressure; and

(ii) adhere to any mileage instructions displayed in the Vehicle or set by the Rental Station.

(b) You must not:

(i) use the Vehicle for transporting any pets or animals, except assistance animals, unless specifically approved by Us;

(ii) smoke in the Vehicle and You must take reasonable steps to prevent passengers from doing so. It is an offence in some Australian states to smoke in a vehicle where there are passengers of less than 18 years of age; or

(iii) use the Vehicle to move infectious, biohazardous or biomedical waste, unless specifically approved by Us.

Additional cleaning, disinfection and deodorising charges will apply.

5.4 Seat belts and restraints

You must comply with all mandatory:

(a) seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and

(b) child restraint laws and ensure that for all children under the age of seven years the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened.

5.5 Vehicle to be locked and keys kept in Your possession

You and any Authorised Driver must make sure that the Vehicle is locked when not in use or unattended and the keys or remote control device must be kept in Your possession, or that of any Authorised Driver, at all times and never left in the ignition when the Vehicle is unattended.

5.6 Reasonable care

You and any Authorised Driver must take reasonable care of the Vehicle by:

(a) preventing it from being damaged;

(b) making sure that it is protected from the weather;

(d) maintaining the engine and brake oils and coolant level and tyre pressures;

(e) using the correct fuel type;

(f) making sure it is not overloaded; and

(g) ensuring all 4 wheel drive (4WD) vehicles must be stationary when changing in and out of 4WD mode.

5.7 Notification of Vehicle fault

You must inform Us immediately if:

(a) a warning light or fault message appears;

(b) You see or become aware of low engine or brake oils, or engine coolant levels; or

If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third Party Loss.

5.8 Repair without authority prohibited

You must not let anyone else repair or work on the Vehicle or tow or salvage it without Our prior written authority to do so.

5.9 Repair with authority

Where We have given You Our prior authority to repair the Vehicle You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.

5.10 Staying with the Vehicle after an Accident

You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

6 Rental Period, costs and charges

6.1 Your Rental

Your rental of the Vehicle from Us is for the Rental Period and at the rate shown in the Rental Agreement.

6.2 Extending the Rental Period

(a) We understand that circumstances change and that You may require the Vehicle for longer than the Rental Period. If so, You must notify Us no less than 24 hours prior to the expiration of the Rental Period.

(b) If You fail to notify Us at least 24 hours before the expiration of the Rental Period that You require an extension, and fail to return the Vehicle on the scheduled date and at the time shown in the Rental Agreement, We may:

(i) terminate the Rental Contract; and

(ii) if the location of the Vehicle is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Vehicle as stolen to the Police.

6.3 Cancellation and 'No Show'

(a) You will be charged the Rental Charges for the Rental Period as booked if:

(i) Your booking is cancelled within 24 hours prior to the Start of the Rental; or

(ii) You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Vehicle,

unless We are able to rent the Vehicle to another renter for an equivalent term and rate.

(b) A cancellation is not effective until acknowledged and confirmed by Us.

6.4 Fines and infringements

(a) You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines (e.g. exceeding speed limit, red light camera) or charges imposed for parking or release of the Vehicle if it has been seized by a regulatory authority.

(b) An administrative fee applies if We are required to nominate You as the responsible driver if any toll, fine or infringement is unpaid. For tolls the administrative fee is $35 and for fines and infringements it is $100, plus the value of the toll. Fine or infringement if applicable.

6.5 Tolls

(a) You and any Authorised Driver must pay all tolls.

(b) An electronic tag (e-tag) is not fitted to the Vehicle and it is Your responsibility to fit an e-tag to the Vehicle or purchase a day pass for payment of tolls when using the Vehicle on toll roads.

(c) If You fail to do so and We are required to nominate You as the responsible party We will charge You an administrative fee for each nomination.

6.6 Daily kilometre limit

A daily limit kilometre limit applies according to the package You have purchased. For each day You exceed that limit (calculated over the Rental Period) You will incur an additional fee of twenty five cents (25c) per kilometre.

6.7 Return of the Vehicle

(a) You must return the Vehicle:

(i) to the Rental Station;

(ii) on the date and by the time shown in the Rental Agreement;

(iii) in a reasonable state of cleanliness;

(iv) in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted; and

(v) with a full tank of fuel.

(b) If You return the Vehicle:

(i) with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will apply;

(ii) earlier than the date shown in the Rental Agreement there is no entitlement to a refund;

(iii) more than one hour after the date and time set for its return in the Rental Agreement, We will charge You $25 per hour up to one full day's rental and a further full day's rental at the standard rate for each 24 hour period or part thereof until the Vehicle is returned to Us; or

(iv) at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.

6.8 Post rental inspection procedure

(a) We will take reasonable steps to conduct a post rental inspection in Your presence; and

(b) If You do not wish to wait for the full inspection, We will use reasonable endeavours to conduct the inspection within four (4) business hours and if Damage is detected, We will notify You as soon as it is reasonably practical to do so.

6.9 End of the Rental

At the End of the Rental You must pay:

(a) the balance of the Rental Charges, including any charges for excess kilometres (if any);

(b) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;

(i) refuelling costs; and

(ii) extra cleaning costs;

(d) for all Damage arising from a Major Breach of the Rental Contract;

(e) for all Overhead Damage;

(f) for all Underbody Damage; and

(g) for any Damage caused by the immersion of the Vehicle in water.

6.10 Credit card authority

Subject to these Terms and Conditions, if any amount is due to Us or remains unpaid, including:

(a) the Rental Charges;

(b) tolls;

(d) fines or charges imposed for parking;

(e) extra cleaning costs

(f) refuelling costs; or

(g) the Damage Excess.

You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.

6.11 Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract:

(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;

(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and

(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

7 Refund and cancellation policy, amendments

7.1 Refunds and Cancellations are subject to the following conditions:

(a) a minimum of 24 hours notice must be given on all cancellations prior to the start time and date of the booking;

(b) a holding and cancellation fee of $20 per week (or part thereof) calculated from the time of booking will be deducted from the refund; and

(c) any notice pursuant to this clause 7 is to be made by telephoning 1300 883 075 between the hours of Monday to Friday 6.30 am to 9 pm, Saturday 6 am to 8.30 pm and Sunday 6.30 am to 8 pm (public holidays may vary).

7.2 Any amendments to bookings prior to the Start of the Rental including, but not limited to, changing the time, date, location of the hire, or in the case of trailer hire, the trailer size, will incur a $10 change fee.

8 Occupational Health and Safety Requirements

8.1 As the holder of a current drivers' licence, You understand and acknowledge the obligation You have to safely operate the Vehicle on any type of designated or undesignated roadway, or property access way, in accordance to the state or territory road safety rules that apply to Your rental.

8.2 Our support for Your safety is to ensure You have the basic understanding of Your Vehicle hire. Your Vehicle hire agent is not an authorised trainer or assessor in safe driving or towing. If at any time You feel You are not competent to operate the Vehicle, We recommend You do not hire the Vehicle at this point and contact an authorised training organisation and/or state transport authority.

8.3 Every effort is undertaken to ensure that the Vehicle is in a safe and roadworthy condition but You must not use the vehicle if there are any doubts about its safety or roadworthiness and You must report this immediately to the hire agent.

8.4 As part of the hire program and in addition to these Terms and Conditions, it is Your responsibility to remove any rubbish or sharps and to report any identified or potential faults with the Vehicle immediately to the hiring agent.

9 Damage Cover

9.1 Damage Excess

(a) Standard Damage Cover is included in the Rental Charges.

(b) Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Vehicle, its theft and Third Party Loss but You must pay up to the Damage Excess shown on the Rental Agreement for each Accident or theft claim.

9.2 Damage Excess Liability Reduction

At additional cost and subject to these Terms and Conditions, You may purchase the Damage Excess Liability Reduction option which reduces the Damage Excess payable for an Accident or theft to $500, or if partial cover is purchased the Damage Excess payable is $2,500. If nil Damage Excess Liability Reduction taken and an insurance claim is accepted the excess payable is $4500.

9.3 When is the Damage Excess payable?

Unless You have expressly authorised a charge to Your credit card at an earlier time an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:

(a) for single vehicle Accidents

(b) if the Vehicle has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Vehicle will be recovered; and

9.4 Claims Administration fee

All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

10 Damage Cover Exclusions

10.1 Even if You have paid the Damage Excess, there is no Damage Cover, and You and any Authorised Driver are liable for:

(a) Damage or Third Party Loss arising from:

(i) a Major Breach of the Rental Contract; or

(ii) the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 25 or more than 75 years of age;

(b) Overhead Damage;

(d) Damage caused by:

(i) immersion of the Vehicle in water;

(ii) use of the incorrect fuel type;

(iii) loading or unloading the Vehicle, except for reasonable wear and tear; or

(iv) Your failure to properly secure goods, property or equipment carried in the vehicle; and

(e) damage to the tyres or windscreen of the Vehicle, other than by normal wear and tear.

10.2 There is also no Damage Cover for:

(a) the full cost of replacing or repairing any accessories supplied by Us including, but not limited to GPS units, lost keys, keyless start and remote control devices;

(b) loss or damage to goods or property carried in the Vehicle whether owned by You or a Third Party and You agree to fully indemnify Us for any claims for Third Party Loss that occurs during the Rental Period;

(d) personal items that are left in or stolen from the Vehicle or for loss or damage to property belonging to or in the custody of:

(i) You;

(ii) Your relative, friend or associate who ordinarily resides with You or with whom You ordinarily reside;

(iii) any relative, friend or associate of an Authorised Driver; or

(iv) Your employees.

11 Breakdowns

11.1 We will provide You with a Vehicle that is of acceptable quality and in good working condition taking into account the age of the Vehicle but breakdowns do occur. Twenty four hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Vehicle breaks down during the Rental Period You must contact Us on 1300 883 075 to arrange assistance. We will recover and repair the Vehicle as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Vehicle where one is available.

11.2 We are not responsible for:

(a) a flat battery because the lights or entertainment system have been left on;

(b) tyre changing;

(d) keys or remote control device locked in the Vehicle.

(e) Towing as result of any of the above incidents (a) - (d)

Extra charges will apply if any of these services are provided at Your request and You are responsible for and must pay for any Damage caused.

11.3 Subject to the Australian Consumer Law, We are not responsible for:

(a) flights You have missed;

(b) holiday plans that are disrupted;

(c) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;

(d) loss of enjoyment; or

(e) consequential or economic loss.

12 Accident and theft reporting

IMPORTANT NOTICE

A breach of any part of this clause 12 is a Major Breach of the Rental Contract. See clause 13 for further details.

12.1 If You or an Authorised Driver has an Accident or if the Vehicle is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.

12.2 If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:

(a) any person is injured;

(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or

You or the Authorised Driver must also report the theft or Accident to the Police.

12.3 If You or an Authorised Driver have an Accident You and the Authorised Driver must:

(a) exchange names and addresses, phone numbers and email addresses with the other driver;

(b) take a photo of the other driver's licence;

(d) take as many photos as is reasonable showing:

(i) the position of the Vehicles before they are moved for towing or salvage;

(ii) the Damage to the Vehicle;

(iii) the damage to any third party vehicle or property; and

(iv) the general area where the Accident occurred, including any road or traffic signs;

(e) obtain the names, addresses, phone numbers and email addresses of all witnesses;

(f) forward all third party correspondence or court documents to Us within 7 days of receipt; and

(g) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:

(i) Our lawyer's office; or

(ii) any Court hearing.

12.4 You and any Authorised Driver must not:

(a) make any admission of fault;

(b) promise to pay any claim for Third Party Loss; or

13 Consequences of a Major Breach

13.1 No Damage Cover

If You or any Authorised Driver:

(a) commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Vehicle or Third Party Loss; or

(b) drive the Vehicle in a reckless manner so that a substantial breach of road safety legislation has occurred,

You and any Authorised Driver:

(i) have no Damage Cover;

(ii) are liable for all Damage, theft of the Vehicle and Third Party Loss; and

(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Vehicle.

13.2 Termination and repossession

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of sub-clause 13.1 has occurred.

14 Privacy

IMPORTANT NOTICE

A breach of sub-clause 14.2(c) is a Major Breach of the Rental Contract. See clause 13 for further details.

14.1 Personal Information

(a) We are committed to complying with the Australian Privacy Principles.

(b) When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.

(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

14.2 Tracking Device

(a) To maintain and protect the Vehicle We may fit a GPS Tracking Device to the Vehicle to enable Us to monitor the condition, performance and operation of the Vehicle and to track the Vehicle’s movements.

(b) Information from the Tracking Device may be used during and after the Rental Period. When You sign the Rental Agreement You are authorising Us and consenting to the use of the GPS Tracking Device.

15 Special Conditions

15.1 Acting reasonably We reserve the right to exchange the Vehicle at the Rental Station or nearest possible Rental Station with an equivalent item at any time before the booking or Rental Period. In the event that the exchange of item or location cannot occur, We reserve the right to refund the hire amount without any compensation.

15.2 You acknowledge that We will require a valid mobile phone number to send a SMS verification code required when collecting the Vehicle and We reserve the right to not proceed with the hire without a valid mobile phone number.

16 Vouchers

16.1 General conditions

The following conditions apply to the use of vouchers.

(a) Vouchers are not redeemable for cash.

(b) Vouchers must be redeemed on or before the expiry date given.

(c) Vouchers can only be redeemed online at www.uhaul.com.au and will not be redeemed by any other means such as call centre or Rental Stations.

(d) Only one (1) voucher can be used per hire transaction. Multiple vouchers per hire will not be accepted.

(e) To redeem vouchers, a valid credit card number must be given.

(f) Lost, damaged or stolen vouchers will not be re issued.

(g) Please make your booking carefully, as we do not refund or re issue vouchers if you cancel your voucher booking.

(h) All voucher hires are subject to the standard Terms and Conditions.

16.2 Dollar Value Vouchers

(a) The voucher can only be used towards the value of a hire and Damage Cover costs.

(b) If the full value of the voucher is not used on the first hire, a new voucher will be issued for the remaining balance.

(d) Excess kilometres, late fees, trailer damage or any other additional charges incurred in excess of the standard hire and Damage Cover costs are not covered by the voucher and will be automatically debited from the credit card provided.

16.3 % Discount Vouchers

(a) A hire paid by a % discount voucher can be extended at the same discounted rate, but any additional charges incurred during or after the hire will be charged at the standard rates and automatically debited via Your credit card.

(b) Damage Cover, late fees, trailer damages or any other additional costs incurred in excess of the standard hire fee and extending the hire costs are not covered by the voucher and must be paid for with the credit card provided.