CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rental Agreement are in addition to your
rights as a consumer (‘Applicable Law’) under applicable consumer protection
legislation, including the Australian Consumer Law. Your Consumer Rights are not
excluded, restricted or modified by this Rental Agreement. You can find
out more about Your Consumer Rights from consumer organisations and bodies such
as the Australian Competition and Consumer Commission and State/Territory fair
trading authorities.
1. YOUR RENTAL CONTRACT
1.1 This Contract (Rental Contract) you have entered into with Self
Move Hire comprises the rental document for the hire of the Vehicle (Rental
Agreement), vehicle condition report and these terms and conditions of rental
(Terms and Conditions). When we refer to the Rental Contract, we mean the Rental
Agreement, vehicle condition report and the Terms and Conditions.
1.2 Please read the Rental Contract carefully. If there is anything
that you do not understand please ask at the Rental Station before signing the
Rental Contract, as your signature is your acknowledgement that you have read
and understood the Rental Contract in its entirety and that you are bound by it;
including receipt of any changes to the Terms and Conditions through the posting
of notice of such changes on the Go with the Gecko website:
gowiththegecko.com
1.3 The date of the Rental Contract is the date that is shown in the Rental
Agreement.
1.4 There are words and phrases used in the Rental Contract that have a
particular meaning that you need to be familiar with.
Accident means an unintended and
unforeseen collision between the Vehicle and any other object, including another
vehicle that results in Damage or Third Party Loss.
AdBlue means is a diesel exhaust
fluid used in modern trucks that have a Selective Catalytic Reduction system
(SCR) that is used to reduce emissions of oxides of nitrogen from the exhaust of
diesel vehicle engines.
Accident Damage Excess (ADE) means
the amount you must pay us in the event of Damage, Theft of the Vehicle or Third
Party Loss, subject to these Terms and Conditions. The ADE is $5000.
Ultimate Insurance Protection (UIP) can be purchased for
$40 per day or $150 for 7 days or more continuous hire period
to reduce the Accident Damage Excess payable to $750. The
amount payable is subject to GST.
Administration Fee means the fee
charged by us for the administrative costs associated with your rental.
Additional Driver means an
additional driver approved and recorded by us, either on the Rental Agreement or
by prior written agreement.
Additional Driver Fee (ADF) means
the $10 per day fee charged for adding an Additional Driver to
the Rental Agreement, as approved and recorded by us.
Assessing Fee means the fee
charged to recover costs involved in having any Vehicle assessed to determine
repair cost by using an external third party.
Authorised Driver means any
driver approved and recorded by us, either on the Rental Agreement or by prior
written agreement.
Charge Card means the credit
card or debit card you nominated at the Start of Rental for the debiting of
charges under the Rental Contract.
Claims Handling Fee means the
$75 fee charged for handling your claim and for making
arrangements for repairs, towing and other administrative tasks associated with
Damage or Third Party Loss.
Commercial Vehicle means a
Vehicle that is a Utility (UTE), Van, Truck or Bus that is constructed and used
for the carriage of goods or property or for the transport of 12 persons or
more, including the driver.
Collision Damage Waiver Protection (CDWP) means
products you may purchase at the Start of Rental at extra cost to reduce your
DRF liability.
Credit Card Fee (CC Fee) means
the following fee payable when paying by credit card or debit card:
Visa/Mastercard Credit/Debit Card
1.0%
Diners Card
3.5%
American Express
3.5%
Debit Card means a Debit
MasterCard or Visa Debit Card which shows your name printed on the card only.
Cards without your name are not accepted as Debit Cards.
Damage means:
(a) any loss or damage to the Vehicle, however
caused, that requires repair or replacement, subject to reasonable wear and
tear;
(b) towing and salvage fees;
(c) assessing fees; and
(d) Loss of Use.
DPF Burn means the action
required by you when operating a diesel fuelled Vehicle you have rented from
Go with the Gecko to maintain the Vehicle’s diesel fuel system to prevent Vehicle
Damage, when prompted by the Vehicle’s warning indicators.
Estimated Rental Charges mean
the charges we know about at the start of your Rental Agreement, based on Rental
Period, the payment type You provide for your rental, Rental Stations and
additional products purchased, outlined on the Rental Agreement, which may
include, but are not limited to the rental rate we charge for hiring the
vehicle, the cost of hiring additional equipment, fees associated with
Additional Drivers, Premium Location Surcharges, the cost of purchasing
Collision Damage Waiver Protection Products, any Loss of Use fees, and any
additional fee which we apply from time to time.
Final Inspection means the
inspection carried out after we have taken possession of and fully examined and
cleaned the Vehicle at the end of the Rental Period.
Loss of Use means the fee
calculated at the daily rate shown in the Rental Agreement being our loss
because the Vehicle needs repair and we are waiting for the repairs to be
completed or it is a write-off or has been stolen and we are waiting for it to
be replaced.
Off Road means any area that is
not a gazetted road nor a sealed road nor an Unsealed Road and includes but is
not limited to unformed roads, fire trails, tracks, river and tidal crossings,
creek beds, beaches, streams, dams, rivers, flood waters or any other body of
water, sand, deserts, rocks, fields, paddocks or grassed areas.
One Way Fee (OWF) means the fee
charged for returning Your Vehicle to a Rental Station different to that which
you rented the Vehicle from.
Overhead Damage means:
(a) Damage at or above the level of the top of
the front windscreen of the Vehicle;
(b) Damage to any part (including floor) of the
pantech or box section of a Commercial Vehicle; or
(c) Third Party Loss, caused by:
(i) contact between the part of the Vehicle that
is at or above the level of the top of the front windscreen with objects
overhanging or obstructing its path;
(ii) use of a any Vehicle so that its height
exceeds that permitted by law, by-law, regulation or advisory sign in the area
of use;
(iii) objects being placed on the roof of the
Vehicle;
(iv) you or any person standing or sitting on the
roof of the Vehicle; or
(v) contact between the Pantech or box section of
a Commercial Vehicle.
Premium Location Surcharge (PLS) means
the extra amount payable when a Vehicle is hired from a Rental Station located
at an airport or some city or remote locations. The rate is shown in the Rental
Agreement and is subject to GST.
Prepaid Fuel Option means the
option we may provide you at the Start of Rental to pay for fuel usage in
advance, reducing the amount payable at the End of Rental once we have
determined fuel usage. Prepaid Fuel Option is only available at a select number
of locations.
Rental Charges means all rental
and associated charges plus GST or other taxes and levies required by law as
shown in the Rental Agreement. Rental Charges may be different from the
Estimated Rental Charges, if, for example, circumstances change, or if you need
to pay for any Damage to the Vehicle or any property. Once all charges are
known, the Estimated Rental Charges become the Rental Charges.
Rental Station means the branch
or rental location from which you hired the Vehicle.
Rental Period means the period
shown in the Rental Agreement or as extended by us.
Road Assist Protection means the
product you may purchase at $10 per day to provide emergency
road assist cover for breakdowns which are not mechanically related such as
battery drain, due to leaving light on etc, lost or locked keys, running out of
fuel, punctured or damaged wheel or tyre etc
Serious Breach means a breach of
any of clauses 5.3, 6.2, 6.3, 6.5, 6.7, 6.10 or 6.11 that causes Damage, theft
of the Vehicle or Third Party Loss.
Single Vehicle Accident Fee (SVA) means
the charge that may apply when you are involved in an accident that does not
involve another vehicle, other than a parked vehicle; or if involved with
another vehicle, the other vehicle or it’s driver has not been identified to
Go with the Gecko, or at the time of incident the Go with the Gecko vehicle was
driving in reverse and other motor vehicle was stationary. The SVA Fee
is $2,000
Snow Pass means the additional
cover that allows the Vehicle to be driven on sealed roads above the Snow Line
subject to these Terms & Conditions. Snow Pass is only available at a select
number of locations only.
Snow Line means the gates
leading to any of the national parks or snowfields in Australia between 1 June
and 31 October, or any area where it is indicated or required that snow chains
are to be fitted to the Vehicle.
Start of Rental means the date
and time that the rental commences at the Rental Station shown in the Rental
Agreement.
Third Party Loss means any loss
or damage to third party property, including other motor vehicles, and any third
party claim for loss of income or consequential loss.
Go with the Gecko means
Response Group Australia P/L ABN 7718 237 415 trading as Self Move
Hire, Tel 1300 826 883 or where applicable an independent Self
More Hire affiliate.
Underbody Damage means any
damage to the Vehicle including the drive train, chassis, steering, suspension,
brakes, exhaust, floor pan and fuel systems that is caused by or directly
results from contact between the underside of the Vehicle and any part of the
road way or any object or obstruction including kerbs, gutters, speed or road
humps, barriers or wheel stops; and includes the area from the door seal, top of
the front and rear bumper and below, whether or not any other parts of the
vehicle are damaged at the same time.
Unmanned Location means a Rental
Station located in a regional or remote location, or a location which does not
always have Go with the Gecko personal present during the normal operating hours of
that location.
Unsealed Road means a road that
has been formed and constructed but is not sealed with a hard material such as
tar, bitumen or concrete.
Vehicle means the vehicle
described in the Rental Agreement and includes its parts, components,
accessories, keys, keyless start or remote control device, audio equipment and
tools or any vehicle substituted by us pursuant to the Rental Contract.
Vehicle Registration Recovery Fee (VRRF) means
the daily amount payable to us to recover our costs of registering and licensing
the Vehicle as a rental Vehicle.
We, Us, Our means Thrifty or one
of its affiliates as shown in the Rental Agreement.
Young Driver Fee (AGE) means the
daily surcharge of $10 per day for each driver aged under the
age of 25.
You, Your means the person,
firm, company or organisation renting the Vehicle or any Authorised Driver shown
in the Rental Agreement, and anyone who provides us with a cash payment or a
charge card authority in relation to a rental.
Your Go with the Gecko Account means
your credit card, Go with the Gecko charge account or Debit Card nominated at the
Start of Rental for the debiting of charges under the Rental Contract.
2 YOUR RENTAL PERIOD
2.1 Your rental of the Vehicle from us is for the Rental Period and at the
rate shown in the Rental Agreement.
2.2 The Vehicle must be returned to the Rental Station specified in the
Rental Agreement on the date and by the time shown in the Rental Agreement. If
you terminate your rental and return the Vehicle earlier than the date shown in
the Rental Agreement the daily rate payable may be adjusted to reflect the daily
rates that apply for shorter rentals.
2.3 We understand that circumstances change and that you may require the
Vehicle for longer than the Rental Period. If so, you must contact us prior to
the expiration of the Rental Period where we may agree or disagree to your
request.
2.4 If we are unable to agree to your request you must return the vehicle by
the date and time specified in your Rental Agreement. If you do not do so, you
will be required to pay additional rental charges at the time of request.
2.5 If we are able to agree to your request we will take payment at that time
for additional charges resulting from the extension of your rental. If the
agreed extended rental period exceeds 30 days, you will be required to make
payment for the first 30 days of extension. After 30 days, you will be required
to make further payment to cover the agreed extended rental period, in cycles of
30 days thereafter.
2.6 If you fail to contact us before the expiration of the Rental Period that
you require an extension, We may:
(a) terminate the Rental Contract;
(b) recover the Vehicle by lawful means; and
(c) report the vehicle as stolen.
2.7 A ‘No Show’ or ‘Cancellation’ fee may apply if you fail to notify us of
your intended cancellation prior to the date and time of the commencement of
your reservation.
3 COSTS, CHARGES AND PAYMENTS
3.1 At the Start of Rental you must provide your Charge Card which we will
charge to pay your total Estimated Rental Charges as shown on the front page of
the Rental Agreement, except to the extent where you have opted to pay via a
pre-pay voucher or in cash (where a cash option is available). Payment by Debit
Card is not accepted on all Vehicles or at all Rental Stations and you should
check with the Rental Station that your proposed means of payment is acceptable
to us before signing the Rental Contract.
3.2 In addition to 3.1, We charge for a $400 deposit, as
security, against your Charge Card, or take a cash deposit from you (where a
cash option is available), which we will apply against any additional charges to
which you are responsible at the end of your Rental Period. This amount may vary
depending on the type of Vehicle you hire and the Rental Station you hired the
Vehicle from.
3.3 When collecting the Vehicle the primary cardholder must be
present, unless prior approval has been obtained and approved by Go with the Gecko.
Approval for Credit Card Authorisation is not available at all Rental Stations,
and requires the cardholder be present when requesting approval.
3.4 At the end of the Rental Period You must pay us:
(a) All Rental Charges payable;
(b) an excess kilometre charge of $0.35
per kilometre, if you exceed the free kilometres allowance as specified
on the front page of Your Rental Agreement. We will use the vehicle’s
odometer to calculate the number of excess kilometres applicable; subject to
applicable PLS, CC Fee, Admin Fee and any other applicable charges;
(c) all reasonable costs to return the Vehicle
and additional equipment supplied to the vehicle to the same condition it was in
at the Start of Rental, including but not limited to extra cleaning (e.g. as a
result of food, drink and other stains and marks, animal fur, mud, dirt, sand
and smoke damage (including damage caused by tobacco products)) and subject to
reasonable wear and tear; and
(d) any amounts payable under clauses:
(i) 3.8 (fines, infringements, penalties and
court fees);
(ii) 4.1 (Damage Liability Fee);
(iii) 4.3 (Single Vehicle Accident Fee); and
(iv) 5.1 to 5.4 (inclusive) (Exclusions to Damage
Cover).
3.5 If you extend the Rental Period from that shown in the Rental Agreement
your entitlement to free rental kilometres may change and you will be charged
for extra kilometres if you exceed the free kilometres applicable to your Rental
Period and Vehicle model. We will use the vehicle’s odometer to calculate the
number of excess kilometres. Any excess kilometre charge is also subject
to applicable PLS, CC Fee, Admin Fee and any other applicable charges.
3.6 The Vehicle is supplied with a full tank of fuel. If you do not take the
“prepaid fuel” option (where a Prepaid Fuel Option is available) and return the
Vehicle without a full tank of fuel, a refuelling charge will apply. which will
include labour and time cost to refuel the Vehicle. You must also pay for any
fuel used for any delivery and collection service requested and provided by the
Rental Station.
3.8 You are liable for and must pay:
(a) speeding and traffic fines, infringements and
penalties arising from the use of the vehicle during Your Rental Period
(b) fines, infringements and penalties arising
from parking, clamping, towing, or release of the Vehicle from compounds; and
(c) legal and court fees and other costs which we
incur in recovering any Rental Charges and other costs you do not pay when we
require you to do so including any fees or charges imposed by a third party on
us or from a debt recovery agency and any other costs reasonably incurred by us
in enforcing our rights under these terms and conditions, arising from
sub-clauses (a) or (b).
3.9 We may supply your details to any regulatory authority upon its request
and an administrative fee may apply if we do.
3.10 If we have paid any amount for which you are liable pursuant to clauses
3.6 or 3.7 you will also be charged that amount together with an administrative
fee.
3.11 All amounts payable under the Rental Contract are subject to subsequent
verification and adjustment and details of any adjustments will be provided to
you as soon as practicable. If a refund is due to you it will be credited to
nominated account. If any amount is due to us you authorise us to charge your
nominated credit/debit card or Account with that amount, including an amount up
to the DRF and any amounts payable under clauses 3.4 to 3.8 (inclusive) or 5.1
to 5.4 (inclusive). These charges may be made at any time during or after the
end of the Rental Period.
3.12 If currency conversion is required for payment of amounts due to us
under the Rental Contract, We will apply the commercial exchange rate valid at
the time we credit or debit your Account.
3.13 If you fail to pay us any amount due under the Rental Contract you must
also:
(a) pay us interest on that overdue amount
calculated at the rate equal to the standard business overdraft rate charged
from time to time by the Commonwealth Bank of Australia starting 7 days after
the date that overdue amount became payable to us and ending on the date of
payment of all amounts due; and
(b) 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.
4 DAMAGE COVER AND PAYMENT
FOR DAMAGE
4.1 If there is Damage, theft of the Vehicle or Third Party Loss for each
separate Accident or theft you must pay up to the DRF.
4.2 Subject to clause 5, Your Accident Damage Excess
(ADE) liability is reduced to $750 if you purchased
Ultimate Insurance Protection (UIP), our Premium Damage &
Insurance Cover Product at $40 per day or $200 for 7 or more days of
continuous rental at the time of booking,
4.3 Subject to clause 5, If you are involved in what we call a Single
Vehicle Accident (SVA), a Single Vehicle Accident Fee of $2,000
applies in addition to any Accident Damage Excess Fee,
for each separate incident. Your SVA liability is reduced to $750
if you purchased Ultimate Insurance Protection, our Premium
Damage Cover Product.
A Single Vehicle Accident is an accident that does not
involve another vehicle other than a parked vehicle, or if involved with another
vehicle, the other vehicle or its driver has not been identified to Self Move
Hire, or at the time of incident the Go with the Gecko vehicle was driving in
reverse and other motor vehicle was stationary.
4.4 You will not be liable for the ADE shown in the Rental Agreement for a
claim if acting reasonably we agree that you were not at fault and:
(a) You are ordinarily an Australian resident;
(b) You hold an Australian drivers licence;
(c) You have fully completed Our Incident Report
Form with:
(i) the name, residential address, contact phone
and licence number of any person involved (Third Party);
(ii) the registration numbers of all vehicles
involved;
(iii) an accurate written and diagrammatic
description of the Accident and location;
(iv) the names of attending police officers and
the stations at which they are based; and
(d) You have supplied or we have established the
name of the insurer of any Third Party you believe was at fault and we
reasonably believe that the insurer will agree to pay us for the Damage.
4.5 If the ADE and SVA (where applicable) is payable under clauses 4.1, 4.2
and 4.3:
(a) upon inspection of the Vehicle we may make a
reasonable estimate of Damage and debit your Account that estimated amount up to
but not exceeding the ADE and SVA shown in Your Rental Agreement; and
(b) once Damage has been assessed we will:
(i) debit your Charge Card with the difference
up to a total amount not exceeding the ADE and SVA shown in Your Rental
Agreement if the assessed amount is greater than the estimate; or
(ii) credit your Card with the difference if the
assessed amount is less than the estimate, and forward to you a tax invoice for
the assessed amount;
(c) if we receive notification of Third Party
Loss we will make a reasonable estimate of your liability for that loss and:
(i) debit your Charge Card for the amount of
that estimate; or
(ii) if an amount has already been debited under
subclauses (a) or (b), debit your Charge Card for the additional amount of that
estimate, up to but not exceeding the ADE and SVA shown in the Rental Agreement.
4.6 We will refund:
(a) the ADE paid pursuant to clause 4.4:
(i) in full if we recover the Damage from a
responsible third party or their insurer or successfully reject or defend a
claim for Third Party Loss; or
(ii) on a pro rata basis if we recover only a
proportion of any amount claimed for Damage;
(b) any surplus amount if a claim for Third Party
Loss is rejected or defended for an amount less than the ADE paid pursuant to
clause 4.5.
4.7 In making a refund we may take into account all reasonable
administrative, collection agency and legal costs incurred in connection with
the recovery of the Damage cost or rejection or defence of a claim for Third
Party Loss, which may include, but is not limited to our Claims Handling Fee.
5 EXCLUSIONS TO DAMAGE
COVER
5.1 You have no cover if there is a Serious Breach of the
Rental Contract even if Damage Cover Products have been purchased and the ADE
and SVA has been paid.
5.2 You have no cover for Damage to the Vehicle’s
windscreen, wheels or tyres unless you have purchased Ultimate Insurance
Protection.
5.3 Even if you purchase one of Our Damage Cover Products and you pay the ADE
you have no cover, for:
(a) Damage or Third Party Loss caused by the use
of the Vehicle in any area prohibited by the Rental Contract;
(b) Overhead Damage;
(c) Damage, Underbody Damage or Third Party Loss
caused deliberately or recklessly by You, any unauthorised driver, or any
passenger of the Vehicle;
(d) Damage caused by total or partial inundation,
intrusion or immersion of the Vehicle in water or exposure of the Vehicle to
salt water, including that which occurs whilst the Vehicle is being transported;
(e) Damage caused by use of the incorrect fuel
type;
(f) Damage or Third Party Loss caused or
contributed to by you where you leave the scene of the Accident prior to the
attendance of the police or reporting the Accident to the police;
(g) Damage caused by your failure to observe any
warning indicators that may appear in the vehicle. If you are unsure as to what
a warning indicator is telling you to do, you must contact Go with the Gecko on
1300 826 883 as soon as possible for advice on further action;
(h) Damage caused as a result of you attaching
any equipment to the Vehicle, or using that equipment, including, but not
limited to roof racks, bike racks, snow chains, trailers. tailgate lifters,
ramps and any associated equipment;
(i) Damage or Loss caused as a result of
unauthorised towing, vehicle repairs or modifications, carried out without prior
approval and consent of Go with the Gecko; or
(j) Damage caused by incorrect or failure of use
of AdBlue, failure to use AdBlue, or filling the Vehicle’s AdBlue tank with any
alternative product, with a Commercial Vehicle.
(k) Damage caused whilst reversing the vehicle.
5.4 There is also no cover for:
(a) the full cost of replacing or repairing any
accessories, equipment or specialised equipment supplied by us including, but
not limited to child restraints, strollers, GPS units, lost keys, keyless start
and remote control devices, E-Toll tags, Tailgate lifters, ramps, and any
associated equipment;
(b) property owned by you or any passenger that
is stolen from the Vehicle, lost or damaged during the Rental Period or left in
the Vehicle after the Vehicle is returned to the Rental Station;
(c) loss or damage to your property, the property
of a member of your immediate family or of an entity related to you, that arises
from the use of the Vehicle;
(d) towing costs if the vehicle needs to be
towed:
e) because of something that you or an Authorised
Additional Driver have done or caused to be done to the vehicle that requires
the vehicle to be towed;
(f) damage caused as a result of your failure to
promptly clean any component of the Vehicle of mud, dirt and dust, when using
the Vehicle in environments such as mining and construction projects or remote
areas; or
(g) damage or loss caused to the vehicle due to
hail, unless you have purchased Ultimate Protection.
6 YOUR RESPONSIBILITIES
6.1 In this section, we set out the responsibilities you have to us when you
hire one of our Vehicles.
6.2 The Vehicle must only be driven by you. We may also approve Additional
Drivers as specified on the Rental Agreement and the Additional Driver Fee of
$10 per day will apply for each additional driver approved.
6.3 You must:
(a) be no less than 21 years of age (unless
otherwise specified by us) and the Young Driver Fee applies for specific
vehicles and drivers under the age of 25;
(b) under the age of 75; and
(c) hold a full, current, unrestricted driving
license for the Rental Period valid and appropriate for the class of Vehicle,
that shows your current residential address and which is written in English, an
international licence translated into English, or an international drivers
permit; although some exceptions may apply upon application at selected
locations.
6.4 You must also:
(a) allow us to inspect your licence at any time
during the Rental Period; and
(b) fully inspect the Vehicle at the Start of
Rental and submit photographs showing all 4 sides of the vehicle and the
odometer reading to
admin@gowiththegecko.com.au This ensures that the condition of the
Vehicle and any pre-existing damage is accurately recorded in the Rental
Agreement and Vehicle Details and Condition Report. You must also check to
ensure all equipment hired (where applicable) is present. If there is any
discrepancy you must notify us prior to leaving the Rental Station;
6.5 During the Rental Period you must:
(a) Take all reasonable care of the Vehicle:
(i) to prevent Damage, theft of the Vehicle and
Third Party Loss;
(ii) to ensure that the Vehicle is not overloaded
by the number of persons or by the weight of goods carried;
(iii) by using any security device fitted to or
supplied with the Vehicle; and
(iv) by taking steps to protect the Vehicle
against inclement weather where practicable, by garaging the Vehicle to prevent
Damage caused by hail;
(v) by taking steps to prevent damage as a result
of loading or unload the vehicle, ensuring any load is secured, and all
applicable legislation for vehicle loading and transportation of goods is
followed
(b) keep the Vehicle locked and secure and the
keys and any keyless start or remote control device under your personal control
at all times and you must be able to produce those keys and device in the event
of a theft of the Vehicle;
(c) maintain the Vehicle’s engine and brake oils,
engine coolant levels and tyre pressures;
(d) ensure you use the correct fuel type; and
(e) operate the vehicle, and any additional
equipment in line with the operating manual ; and in the case of Commercial
Vehicles, any application specific instructions, including, but not limited to
the use of Adblue and any requirements pertaining to DPF burn.
6.6 During the Rental Period You must also:
(a) comply with all mandatory 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;
(b) comply with all 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 correctly adjusted and fastened;
(c) return the Vehicle and any accessories,
equipment or specialised equipment supplied by us including, but not limited to,
GPS units, tailgate lifters, ramps and trolleys in the same condition as at the
Start of Rental, subject to reasonable wear and tear;
(d) adhere to any mileage instructions displayed
in the Vehicle or set by the Rental Station;
(e) observe any warning indicators that may
appear in the vehicle. If you are not sure what an indicator is telling you to
do, you must contact Go with the Gecko as soon as possible for advice;
(f) notify Go with the Gecko immediately if the
vehicle has reached the mileage when the next service is due, as indicated on
the service sticker affixed to the windscreen;
(g) immediately upon request provide us and any
regulatory authority your full, accurate and up-to-date information relating to
the use of the Vehicle during the Rental Period;
(h) You must notify us as soon as possible, and
no later than 24 hours after an accident or incident (unless there are
circumstances under which it is impractical or impossible for you to advise us
within 24 hours, and you can produce documented evidence of those circumstances
on our request), of any damage or loss that has occurred by contacting the
Rental Station from which you rented your vehicle and providing full details to
us by completing an Incident Report Form, which we will supply to you;
(i) in the event of any incident or accident,
notify the police if required under relevant legislation; and
(j) remain in contact with us for the purpose of
providing assistance with the investigation of any incidents or accidents,
including attendance of any court proceedings related to your Rental Agreement
as reasonably requested by us, until we notify you that your assistance is no
longer required.
6.7 You must never:
(a) use the Vehicle when it is unsafe;
(b) drive the Vehicle whilst under the influence
of alcohol or drugs or have a blood alcohol content or level of drugs present in
blood, urine or oral fluid that exceeds the limit in the state or territory
where the Vehicle is driven;
(c) fail or refuse to undergo any breath, blood,
oral fluid or urine test or drug impairment assessment in the state or territory
in which the Vehicle is driven;
(d) drive the Vehicle whilst your driving licence
is subject to any restriction or condition;
(e) commit:
(i) any wilful, deliberate or criminal act,
including an act of driver abuse; or
(ii) an act of connivance with any person acting
for You or on Your behalf, that causes Damage or Third Party Loss;
(f) drive the Vehicle dangerously or recklessly;
(g) use the Vehicle for off-roading, reliability
trials, a race, rally or contest, speed testing, driving instruction, to propel
or tow another vehicle, or in violation of any legislation, order or regulation
affecting the use, loading or condition of the Vehicle;
(h) use the Vehicle for any illegal purpose or in
a manner which would result in a criminal offence;
(i) sell, rent or dispose of the Vehicle;
(j) register or claim to be entitled to register
any interest in the Vehicle under the Personal Property Securities Act 2009;
(k) provide us with information you know to be
false or misleading, or knowingly fail to give us all the relevant information
you have when assisting us with investigations pertaining to any incident or
accident, or any court proceedings related to your Rental Agreement; or
(l) use the vehicle for carrying any dangerous
goods or substances, any flammable items or toxic substances.
6.8 You must not:
(a) use a mobile phone, GPS unit or other
handheld device whilst the Vehicle is in motion or stationary; but not parked
unless the body of the phone or GPS unit is affixed to the Vehicle and the phone
or GPS unit is not being held or touched at any time whilst being used;
(b) leave the keys to the Vehicle, any keyless
start or remote door control device in it or with it whilst it is unattended or
unoccupied by you or any passenger;
(c) leave the Vehicle unattended following an
Accident and before the arrival of a tow or salvage operator, except if your
health or safety would otherwise be endangered;
(d) modify, tamper with, or repair the Vehicle in
any way, including, but not limited to, the installation of roof racks and
towbars;
(e) use the Vehicle for the transport of
passengers or property for hire, fare or reward unless the Vehicle is a
Commercial Vehicle or you have our prior written authority;
(f) use the Vehicle for transporting any animals,
unless specifically approved by us. Approval can be sought to transport Guide
Dogs and Companion Animals. Additional cleaning charges may apply when
transporting animals specifically approved by us;
(g) transport the Vehicle on a ferry or ship or
other watercraft without our permission. Even if We grant you permission
however, You have no cover for costs incurred for damage or loss of the vehicle
or any equipment, together with the cost of any damage You cause to other
property whilst the Vehicle is being transported, even if the maximum DRF has
been paid, and even if any CDWP options have been purchased; or
(h) allow the Vehicle to be towed without our
permission.
6.9 You and any passengers must not smoke in the Vehicle. It is an offence in
some Australian states to smoke in a vehicle where there are passengers of less
than 18 years of age. Additional cleaning charges will apply if there is a
breach of this condition.
6.10 Parts of Australia are not suitable for access by rental vehicles. To
prevent Damage to the Vehicle and for your own personal safety we strictly
enforce conditions that restrict your use of the Vehicle and unless we have
given our prior written consent, You must never take the Vehicle:
(a) on any unsealed road unless it is a four
wheel drive (4WD) vehicle which has a transfer case with an independent Low
range and Hi range gearing capability;
(b) in any area above the snow line, where snow
chains are required unless you have purchased Snow Pass;
(c) Off Road;
(d) between mainland Australia and Tasmania in
either direction, unless given written prior approval as authorised by us;
(e) onto any island with the exception of:
(i) Kangaroo Island;
(ii) Stradbroke Island;
(iii) Magnetic Island;
(iv) Bribie Island;
(v) Phillip Island; or
(vi) Bruny Island,
(f) through any river, stream, creek or tidal
crossing;
(g) through flood waters or on flood prone roads
or on any road where the state or condition of the road make the use of the
Vehicle unsafe;
(h) on any road where the police or any
government or statutory authority has issued a warning, caution or which has
been closed;
(i) onto any road or region where we have
notified you that the use of the Vehicle is prohibited;
(j) in the Kakadu region:
(i) Jim Jim and Twin Falls;
(k) in the Katherine region:
(i) Central Arnhem Road to Gove beyond Bulman;
(l) in the Broome region:
(j) Cable Beach; or
(ii) any other beach in the region;
(k) in the Kimberley region:
(i) Mitchell Plateau;
(ii) Kalumburu road north of Drysdale River
station;
(iii) on the Gibb River Road, subject to seasonal
road conditions; and
(iv) outside any town or city limits between
sunset and sunrise;
(l) in Central Australia:
(i) on the Tanami Track;
(ii) on the Gunbarrell Highway;
(iii) on the Plenty/Donahue Highway;
(iv) on the Canning Stock Route;
(v) on the Oodnadatta Track;
(vi) on the Strzelecki Track; and
(vii) on the Birdsville Track, when travelling
with another vehicle which You can provide documented evidence of;
(o) any Aboriginal Land without providing an
entry permit to Go with the Gecko for Our written approval prior. Any entry to
Aboriginal Land without a permit is illegal;
(p) in Queensland:
(i) on the Gulf Track;
(ii) on the Telegraph Track and on the Peninsula
Developmental Road north of Bramwell station; and
(iii) on the Cape York Peninsula; subject to
seasonal road conditions;
(q) in Northern Territory:
(i) outside any town or city limits between
sunset and sunrise;
(r) in any other remote area as specified in Your
Rental Agreement between sunset or sunrise, with the exception of Uluru and Kata
Tjuta National Park;
6.11 There are other prohibited areas and routes where you must never take
the Vehicle:
(a) in the Northern Territory:
(i) on Larapinta Drive or Namatjira Drive, also
known as the Mereenie Loop Road;
(b) in Western Australia:
(i) on the Spring Creek Track, in Purnululu
National Park (Bungle Bungles);
(ii) on the Gibb River Road, and all unsealed
roads adjacent to this road; and
(iii) on the Fairfield-Leopold Downs Road, and
all unsealed roads adjacent to this road;
even if additional CDWP products have been
purchased, the standard, non-reducible DRF and SVA (where applicable) amounts
apply when travelling in these areas and routes.
7 OUR RESPONSIBILITIES
7.1 When you make a reservation with us we will provide a Vehicle and any
additional equipment requested (subject to availability), that is of acceptable
quality and in good working order for the Rental Period.
7.2 If the Vehicle breaks down during the Rental Period because of our
negligence we will recover and repair the Vehicle as soon as possible. If the
Vehicle cannot be repaired we will use our best endeavours to provide a
replacement Vehicle of an equivalent size and standard to the previous Vehicle
for the remainder of the Rental Period.
7.3 If you return the vehicle to;
(i) an Unmanned Location (without our consent)
or;
(ii) outside of Go with the Gecko operating hours,
you are responsible for damage to the vehicle that may occur, for any reason,
until the next business day when we have had an opportunity to inspect the
vehicle.
7.4 If it is not possible to conduct an inspection of the Vehicle with you at
the end of the Rental Period we will use our best endeavours to confirm the
condition of the Vehicle with you within 4 working hours of the Final
Inspection.
7.5 Unless we are negligent or as required by law, we will not be responsible
for any loss (including loss of profits), damage, costs or expenses which you
incur, or death or personal injury to you or any other person, as a result of
your rental.
7.6 We are only responsible for any direct loss that you suffer as a result
of our breach of the Rental Contract. We are not responsible for missed flights,
disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or
consequential loss.
8 ROADSIDE ASSISTANCE,
BREAKDOWN, ACCIDENT AND REPAIR
8.1 Free roadside assistance is provided for inherent mechanical
faults in the Vehicle but fees and charges apply for all other
faults or driver induced errors, unless you have purchased
Roadside Assistance Protection. Generally, these fees and charges
apply to faults and driver induced errors such as:
(a) a
flat battery (and not due to mechanical fault);
(b)
lost keys, keyless start or remote control device;
(c)
the key, keyless start or remote control device has been locked in the vehicle;
(d)
changing a wheel as the result of a flat tyre; or
(e)
running out of fuel;
8.2 Roadside Assistance Protection may be purchased for
$20 per day at the time of booking to provide cover for:
(a) sufficient fuel to allow the Vehicle to be
driven to the nearest service station; or providing a Vehicle tow to the nearest
service station when providing sufficient fuel is not possible or practical;
(b) unlocking the Vehicle when the keys, keyless
start or remote control device has been locked in the Vehicle;
(c) changing a wheel as the result of a flat
tyre;
(d) starting the Vehicle if the battery is flat
because you have left the headlights or interior lights on or the
air-conditioning, entertainment system or other electrical equipment operating
when the engine is not running;
(e) the cost of a replacement battery which has
failed as a result of you or the Additional Driver leaving the headlights or
interior lights on or the air-conditioning, entertainment system or other
electrical equipment operating when the engine is not running; and
(f) towing, as a result of something you, or the
Additional Driver has done to, or caused to the Vehicle;
Up to the value of $150 per incident or in the case of towing, up to 20KM of
towing allowance and is limited to one claim per hire period. Self Move
Hire will determine the best service provider to appoint and manage the roadside
assistance booking. You are liable for all costs associated with appointing a
service provider over and above the policy allowances, and other terms and
conditions stated in this agreement.
8.3 Road Assist Protection does not apply
and there is no cover:
(a) for the cost of replacement tyre if caused by
impact damage due to driver error and is not due to mechanical fault or fair
wear and tear.
(b) for Damage as a result of Vehicle
accident during the term of Your Rental Agreement; or
(c) if there has been a Serious Breach of
the Rental Contract.
8.4 We reserve the right not to replace the Vehicle if it is involved in a
major Accident or there has been major Damage or you have committed a Serious
Breach of the Rental Contract.
8.5 If any of the following:
(a)
a warning light or fault message appears in the Vehicle;
(b)
You see or become aware of low engine or brake oils, engine coolant levels or
tyre pressures; or
(c)
the Vehicle develops any fault during the Rental Period,
You must inform us immediately via the contact details in the Vehicle and in
the Rental Agreement and not use the Vehicle unless we have authorised you to do
so. If you fail to notify us and continue to use the Vehicle you will be
responsible for any Damage or Third Party Loss.
8.6 You must not let anyone work on the Vehicle or arrange or undertake any
repairs to the Vehicle or towing or salvage of it unless we have given you our
prior authority. 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 in advance. Any entitlement to
reimbursement is subject to there being no Serious Breach of the Rental
Contract. There is no cover for any damage or loss caused to the vehicle as a
result of unauthorised towing, salvage, or repair to the Vehicle.
8.7 You must immediately report any Accident or theft of the Vehicle to us
and complete all other documentation that we require. You must forward any third
party correspondence or court documents to us within 7 days of receipt.
8.8 If you have an Accident in which:
(a)
a person is injured;
(b)
the other party failed to stop or exchange details;
(c)
the Vehicle or any other vehicle is towed; or
(d)
a driver appears to be under the influence of intoxicating liquor or drugs,
a report must also be made to the police immediately.
8.9 If the Vehicle is stolen a report must be made to the police immediately
once the theft is discovered.
8.10 If you have an Accident You must also:
(a) make the Vehicle secure;
(b) get the names and addresses of all persons
involved, including witnesses;
(c) supply us with any information concerning the
driver of the Vehicle and you must allow us direct access to the driver of the
Vehicle and you must fully co-operate in allowing us to gain such access;
(d) not make or give any offer, promise of
payment, settlement, waiver, release, indemnity or admission of liability;
unless we have given you written consent;
(e) permit and assist us to bring, defend,
enforce or settle any legal proceedings against a third party, including
attending at a lawyer’s office and/or court; and
(f) allow us to claim in your name under any
applicable substitute vehicle insurance, and do everything that may be required
to assist us in making such a claim.
9 END OF THE RENTAL
CONTRACT
9.1 At the end of the Rental Period you must submit photographs showing all 4
sides of the vehicle and odometer gauge to
admin@gowiththegecko.com. This
ensures the current condition of the vehicle is registered in the Rental
Agreement and Vehicle Condition Report, and in addition to your obligations
under clause 3.4, you must return the Vehicle to us:
(a) to the Rental Station specified in the Rental
Agreement;
(b) in the same condition it was in at the Start
of Rental, subject to reasonable wear and tear; and
(c) at the date and time set in the Rental
Agreement.
9.2 We allow you a grace period of 59 minutes for the return of the Vehicle
but if it is returned to us more than 59 minutes after the time set for its
return in the Rental Agreement we will charge you as follows:
(a) If you are one hour or more late, but less
than two hours late, We will charge you for one third of the applicable rental
rate specified in your Rental Agreement.
(b) If you are two hours or more late, but less
than three hours late, We will charge you for two thirds of the applicable
rental rate specified in Your Rental Agreement
(c) If you are three hours or more late, We will
charge you for an additional day (or days if relevant) at the rental rate
specified in Your Rental Agreement.
(d) In addition to 9.2 (a) – (c) inclusive, If
you are one hour or more late, We will charge you for an additional day (or days
if relevant) at the rate specified in your Rental Agreement for VRRF, CDWP (if
you have purchased it), additional equipment you have hired, and any other daily
surcharges for each additional day (or days if relevant) by which you are late;
9.3 If the Rental Contract has not been extended by us and the Vehicle is
returned to us more than 24 hours after the time set for its return in the
Rental Agreement there is no Damage Cover so that you are liable for Damage and
Third Party Loss and any repossession charges or costs we incur in this default
period.
9.4 If you return the Vehicle to a rental station other than that shown in
the Rental Agreement, or when the Rental Station is closed, or any place other
than an approved Go with the Gecko Rental Station:
(a) a one way fee may apply; and
(b) you are liable for and must pay:
(i) for Damage and Third party Loss; and
(ii) the Rental Charges, until the Final
Inspection has been conducted in accordance with clause 7.3.
9.5 If a deposit has been prepaid to us it is fully refundable to you
provided that at the end of the Rental Period:
(a) all amounts due to us under the Rental
Contract have been paid;
(b) the Vehicle has been returned to the
Rental Station at the date and time set in the Rental Agreement;
(c) there is no Damage or Third Party Loss;
(d) the interior and exterior are clean;
(e) the Vehicle has been refuelled to 100% or to
the level specified in the Rental Agreement.
(f) there has not been a Serious Breach of the
Rental Contract
We reserve the right to retain all or part of a deposit if there is a breach
of any of these conditions.
10 TERMINATION OF THE
RENTAL CONTRACT
10.1 We may terminate the Rental Contract and take immediate possession of
the Vehicle if you commit:
(a) a Serious Breach of the Rental Contract; or
(b) a reckless breach of road or traffic
legislation.
10.2 If the Rental Contract is terminated by us pursuant to clause 11.1:
(a) You must pay for:
(i) damage to Vehicle or any equipment supplied
with the Vehicle
(ii) loss of the Vehicle or equipment as a
result of theft;
(iii) third Party Loss;
(iv) storage, repossession and recovery fees;
(v) fees for the release of the Vehicle from
compounds;
(vi) roadside assistance;
(vii) administrative and legal costs of recovery;
(viii) the Rental Charges; and
(ix) compensation for loss of use as a result of
Vehicle recovery and/or Damage;
(b) it will not affect Our right to receive any
money we are owed under the Rental Contract; and
(c) you give us permission to access and enter
your premises to repossess the Vehicle without using unreasonable force or
causing damage.
11 APPLICABLE LAW
11.1 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
that law or any other Federal, State or Territory legislation.
11.2 The laws of the State in which the Rental Station is situated and of the
Commonwealth of Australia govern the Rental Contract.
11.3 To the extent permitted by law, our liability pursuant to any relevant
Australian law is limited at our option to the replacement, repair, or re-supply
of the vehicle for the remaining term of your rental or reimbursement of your
Rental Charges.
12 DISPUTE RESOLUTION
12.1 If you believe there has been an error in your account or if you have
any complaint, Our staff at the Rental Station will help you in every way they
can to rectify the error or resolve the complaint. If they are unable to assist
you or if your concerns are not resolved to your satisfaction you may refer the
matter to Our Customer Relations Team to investigate and address your concerns
within 5 business days of receipt.
12.2 Referrals to Our Customer Relations Team can be made online
(www.gowiththegecko.com) or via the following:
Customer Relations Manager
Go with the Gecko,
PO Box 323
Panania NSW 2213
Phone: 1300 826
883 | Email: enquiries@gowiththegecko.com
13 PRIVACY POLICY
13.1 The terms of Our Privacy Policy (available at www.gowiththegecko.com) form
part of these terms and conditions. Our Privacy Policy sets out how we collect,
use, store and disclose your personal information.
13.2 If we do not collect Personal Information from you, we will not be able
to rent you a Vehicle and if any of the Personal Information you provide is
incomplete or inaccurate, the quality of our services may be compromised.
13.3 By entering into the Rental Contract with us and by providing us with
personal information, you represent to us and we proceed on the basis that you
have read and agree to the terms of Our Privacy Policy.
13.4 If your vehicle incurs tolls during your Rental Period, then we will
also pass your personal information to the electronic tolling system provider
specified on the front page of your Rental Agreement, this personal information
will contain payment information such credit card or debit card details.
13.5 We may use GPS tracking or other electronic tools (GPS Device) to enable
the geographical location of the Vehicle to be tracked or located. By hiring a
Go with the Gecko Vehicle you expressly consent to us using a GPS Device on the
Vehicle during the Rental Period and collecting, using and retaining information
from the GPS Device. Further information is available in Our Privacy Policy.
13.6 If you default in the payment of any moneys owed to us under clause 3.4,
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.
13.7 You can contact us at admin@gowiththegecko.com.au if you do not want to
receive marketing communications from us.
14 GENERAL
14.1 If you are the holder of a corporate account with us these Terms and
Conditions must be read in conjunction with your signed Agreement.
14.2 We may register our interest under this Rental Agreement on the Personal
Properties Securities Register. You agree, to the extent permitted by law, we do
not need to notify you if we make, or change, such a registration.
14.3 In order to become a Go with the Gecko member you must be at least 21 years
of age.
14.4 Information provided to apply for a Go with the Gecko membership must be
true, complete and accurate.
14.5 As a Go with the Gecko member you must ensure all of your personal details
are kept up to date and accurate. This can be updated via the Membership Profile
Amendment section of our website. Information which must be kept up to date
includes:
(a) your billing and residential address;
(b) your billing preferences;
(c) your driving license details; and
(d) your credit card details.
14.6 Each time you rent a vehicle from Go with the Gecko, you agree that even if
you do not sign anything, you are bound by the Rental Agreement which
incorporates the following:
(a) the front page of Your Rental Agreement,
pre-populated with your preferred level of CDWP, billing preferences and other
rental options as nominated by you in your Membership profile;
(b) these Terms & Conditions; and
(c) vehicle condition report.
15 Cancellation Policy
The following cancellation policy applies to any confirmed booking which are
then cancelled by you prior to commencement of the agreement. You are eligible
for
- local hires cancelled up to 24hrs of the agreement date,
(i) to receive a refund of the estimated booking fee, less a
$33.00 cancellation fee. Where no estimated booking fee has been
paid in advance, you remain liable for a $33 cancellation fee.
- local hires cancelled on the day;
(i) to receive no refund of the estimated booking fee paid.
Where no estimated booking fee has been paid in advance, you are
liable to pay a $33 cancellation fee.
- One-way and/or Interstate Hires cancelled up to 48 hours
prior to the agreement date;
(i) to receive a 50% refund of the estimated booking fee.
- One-way and/or Interstate Hires cancelled less than 48 hours
prior to the agreement date;
(i) to receive no refund of the estimated booking fee paid.
