Online Booking

1. Introduction

1.1 This contract to hire a Vehicle from Go With The Gecko (Rental Contract) consists of two separate documents:

1. the agreement (Rental Agreement) You have signed to hire the Vehicle from Us; and
2. these rental Terms and Conditions (Terms and Conditions).

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

1.3 We may fit a GPS Tracking Device to the Vehicle to enable Us to track the Vehicle when it is out of Our possession. When You sign the Rental Agreement, You are authorising Us to use the GPS Tracking or Telematics device to track the Vehicle until it is returned to Us.

1.4 The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.

1.5 We may be contacted on 1300 826 883 seven days a week between 9am and 5pm AEST or by emailing admin@gowiththegecko.com.au and We will respond as quickly as possible.

2. Who may drive the Vehicle?

2.1 Only You or an Authorised Driver can drive the Vehicle. It is a Major Breach of the Rental Contract if You let anyone who is unauthorised drive the Vehicle. If there is a Major Breach of the Rental Contract there is no cover for You, the Authorised Driver or the unauthorised driver for any Damage, theft of the Vehicle or Third-Party Loss.

2.2 We set a minimum and maximum age limit for those renting Our Vehicles. You and any Authorised Driver must be at least 23 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 You and any Authorised Driver must also have a valid licence to drive the class of Vehicle which is issued in an Australian state or territory or an international licence (with a valid International Driving Permit if Your licence is not issued in English) appropriate for the class of the Vehicle and not subject to any restriction or condition. Learner drivers and Learners licence holders are not acceptable and must not drive the Vehicle.

2.4 The Vehicle must not be driven if Your licence has expired or the licence of any Authorised Driver has expired or been cancelled within 2 years of the date of the Rental Agreement. You must carry your physical licence or digital licence with you at all times.

3. Prohibited Use

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

1. whilst intoxicated or under the influence of prescription medication, 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;
2. recklessly or dangerously; or
3. whilst the Vehicle is damaged or unsafe;
4. In a manner that the Vehicle type is not designed for; or
5. Before 6am or after 8pm local time; or Before dawn or after dusk. If you choose to drive the vehicle during these times, it is at Your discretion and constitutes a major breach of the terms and conditions if you choose to do so.

3.2 You and any Authorised Driver must not:

1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment.
2. use the Vehicle:
   1. for any illegal purpose;
   2. to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
   3. to propel or tow another vehicle or a trailer, unless prior authorisation has been given and ‘towing authorisation’ is stated on your hire agreement;
   4. in connection with the motor trade for experiments, tests, trials or demonstration purposes;
   5. for commercial purposes or as a taxi; or
   6. in an unsafe or un-roadworthy condition.

3.3 You and any Authorised Driver must not:

1. damage the Vehicle deliberately or recklessly or allow anyone else to do so;
2. modify the Vehicle in any way;
3. sell, rent, lease, or dispose of the Vehicle; or
4. 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:

1. passengers for hire, fare or reward or for rideshare purposes;
2. more than the number of passengers for which the Vehicle is licensed; or
3. any load that exceeds the limits for which the Vehicle was designed, constructed, registered, or licenced.

3.5 You and any Authorised Driver must not:

1. use the Vehicle to transport any pets or animals except assistance animals; or
2. smoke in or within 3 metres of the Vehicle and You must prevent any passenger from doing so. Additional cleaning and deodorising costs must be paid if there is a breach of this clause.

3.6 You and any Authorised Driver must not use a mobile phone or a GPS unit 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.

4. Prohibited areas of use

4.1 The Vehicle must never be driven on:

1. an Unsealed Road;
2. Off Road; or
3. above the snow line between 1 May and 31 October.

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

1. roads that are prone to flooding or are flooded;
2. beaches, streams, rivers, creeks, dams and floodwaters;
3. any road where the police or an authority has issued a warning;
4. any road that is closed; and
5. any road where it would be unsafe to drive the Vehicle.

4.3 The Vehicle must never be driven or used:

1. outside a radius of 50 kilometres from the Rental Station;
2. outside the state or territory in which the Rental Station is located; or
3. onto any island that is off mainland Australia,

unless We have given Our written permission prior to the Start of the Rental and it is noted on the Rental Agreement as an interstate hire.

5. Your obligations

5.1 Start of the Rental

1. At the Start of the Rental and before collecting the Vehicle You must present an acceptable debit or credit card to cover the full cost of Your rental and the Security Deposit. Credit cards that do not match the name of the main hirer, may require additional levels of authentication, including but not limited to photo ID.
2. If You are uncertain about whether Your debit or credit card is acceptable You should contact Us on 1300 826 883.
3. An amount to cover the Rental Charges will be directly charged to Your debit or credit card supplied at the point of purchase. A Pre-Authorisation charge will be processed on your nominated debit or credit card for the Security Deposit at the point of purchase, unless otherwise agree to by Us parties; at a time closer to you hire. This charge is held by your banking institution, until such times as it is processed or cancelled.
4. The final Rental Charges will be processed upon completion of Your rental and although some Rental Stations accept cash as payment for the Rental Charges a debit or credit card is required for pre-authorisation processing of the Security Deposit.
5. The Security Deposit is fully refundable to You provided that:
   1. all amounts due to Us under the Rental Contract have been paid, including toll road charges, any additional kilometres travelled, traffic infringements and refuelling costs;
   2. the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement;
   3. there is no Damage or Third-Party Loss;
   4. the exterior and interior of the Vehicle are clean;
   5. the Vehicle has been returned with a full tank of fuel; and
   6. there has not been a Major Breach of the Rental Contract.
6. The Security Deposit Pre-Authorisation return can take up to 10 business days to be finalised, as this allows for all third-party providers to apply toll charges or traffic infringements to Your account (where applicable) and for your bank to release the pre-authorisation back to your nominated banking account.
7. In circumstances where extra charges become known to Us and after the release of your security deposit, you authorise this amount to be debited from the credit card held on your account, subject to Us providing you with proof of these charges.

5.2 Before and After Photographs

1. We use ‘before and after’ photos to establish the condition of the Vehicle.
2. You must submit the following photos of the Vehicle and the Hirer and any persons associated with the hire, including any authorised drivers; at the Start of the Rental through our authorised ‘Book N Go’ application only, unless, permission has been given by Us to use an alternative submission method:
   1. four (4) photos of the Vehicle, one (1) each of the front, rear and each side of the Vehicle;
   2. one (1) photo showing the front of Your driver’s licence and that of any Authorised Driver;
   3. one (1) photo showing the reverse of Your driver’s licence, so that any change of address label is clearly visible and that of any Authorised Driver;
   4. one (1) ‘selfie’ photo showing the face of the Authorised Driver standing next to the nominated hire vehicle and that of any Authorised Driver.
3. You must submit the photos through our nominated booking application only, which can be downloaded free of charge from Apple or Google stores, unless an alternative method of submission has been agreed by Us. In the event you experience difficulties with our booking application you should contact us immediately.;
4. At the End of the Rental, You must take further photos of the Vehicle that match the photos taken pursuant to paragraph (2) of this clause and You must also submit those photos through our nominated booking application.
5. Any delay in submitting photos will delay the return of the Security Deposit and could result in further administration costs being applied to Your hire account. We will not except photographs that have been emailed or sent to us outside of the ‘Book N Go’ application; unless we have given you permission to do so, prior to the commencement of the hire.
6. Any failure to comply with the strict requirements of this clause 5.2 may affect Your ability to dispute that Damage detected at the End of the Rental is Your responsibility.

5.3 During the rental

1. You and any Authorised Driver are responsible for and must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or using the Vehicle or release of the Vehicle if it has been seized by a regulatory authority.
2. A daily limit of 100 kilometres applies unless You have Our prior written approval to have this limit extended and it is noted on the Rental Agreement. For each day You exceed that limit (unless noted on your agreement) You will incur an additional fee of thirty five-cents (35c) per kilometre.
3. You must 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.
4. You must comply with all local and state laws in which you intend to travel with the Hire vehicle relating to transportation of goods and securing of loads.
5. 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 are never left in the ignition when the Vehicle is unattended.
6. You and any Authorised Driver must take reasonable care of the Vehicle during your hire period by:
   1. preventing it from being damaged;
   2. making sure that it is protected from the weather;
   3. maintaining the engine and brake oils and coolant level and tyre pressures;
   4. using the correct fuel type; and
   5. making sure it is not overloaded.
7. You must inform Us immediately if:
   1. a warning light or fault message appears during your hire;
   2. You see or become aware of low engine or brake oils, or engine coolant levels; or
   3. the Vehicle develops any fault during the Rental Period,
   4. If You fail to notify Us and continue to use the Vehicle You will be responsible for any Damage or Third-Party Loss.
   5. 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.
   6. 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.
   7. You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

6. Road Tolls

6.1 Our Hire Agreement does not cover you for the use of any Toll roads, you must pay for all tolls and charges relating to Your use of the Vehicle on toll roads by:

1. using Your own e-tag in the Hire Vehicle; or
2. purchase of day passes from the relevant toll authority to cover the duration of Your Toll use.

6.2 If You fail to pay any toll charges or cannot provide appropriate evidence of payment and We receive a charge to Our account from the Toll authority, We will deduct the cost of these toll charges, plus an administration fee of $33 per toll notice, automatically from the credit card held on your hire account.

6.3 You agree you are responsible for and must pay for all tolls which are retrospectively charged to our account by the local Toll Authority and it can be reasonably established they were incurred during your hire period: for a period up to twenty-four (24) months after the conclusion of your hire; provided they have not previously been invoiced to or paid for by You and/or where previous evidence of payment cannot be provided by You.

7. Damage Cover

7.1 Standard Damage Cover is included in the Rental Charges. Subject to these Terms and Conditions, if You or any Authorised Driver has an Accident or causes Damage to the vehicle, or if the Vehicle is stolen, We will indemnify You for the Theft, any Damage or Third-Party Loss but You must pay up to the Accident Damage Excess (ADE) shown on the Rental Agreement for each Accident or theft unless We agree that:

1. You were not at fault; and
2. the other party’s insurance company accepts liability.

7.2 At the Start of the Rental You may purchase Accident Damage Excess Reduction Cover at additional cost to reduce the ADE payable in the event of a claim for Damage, Theft or Third-party Loss. The cover may vary between different Vehicle types and the extent and cost of the cover are shown on the Rental Agreement.

7.3 The ADE payable under clause 1 will be charged to Your credit card supplied at the time of booking and used to process your security deposit and hire fees immediately for single vehicle Accidents or Damage to the vehicle:

1. 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
2. for Accidents in which there is also Third-PartyLoss,

8. Damage Cover Exclusions

8.1 There is no Damage Cover, and You and any Authorised Driver are liable for all costs associated with Damage or Third-Party Loss arising from:

1. a Major Breach of the Rental Contract;
2. the use of the Vehicle by any driver who is not an Authorised Driver or who is less than 23 or more than 75 years of age;
3. Damage caused whilst the Vehicle is being driven in reverse;
4. At excessive speed for the conditions;
5. Overhead Damage including impact damage to vehicle fitted with Pantech Cargo Boxes;
6. Underbody Damage;
7. Damage caused by immersion of the Vehicle in water;
8. Damage to Glass, including Windscreen, Windows, Mirrors and Rear Windows caused by impacts from road debris whilst driving;
9. Damage caused by an impact of any wildlife, that you could reasonably be able to avoid;
10. Damage caused by impact to car park security doors, pillars, posts or bollards, trees branches, stumps or road hazards or;

Any object which would damage the vehicle if it came into impact with Our Hire Vehicle and that you should be reasonably expected to avoid

8.2 There is also no Damage Cover for:

1. loss of or damage to any property:
   1. being transported in the vehicle during hire;
   2. left in the vehicle after its return, or;
   3. stolen from the Vehicle or otherwise lost or damaged during the rental period for any reason whatsoever. For this reason, we strongly recommend the Hirer has obtained the necessary insurances to cover the loss of personal items.
2. the 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; or
3. personal items that are left in the vehicle, and damaged during your hire period or stolen from the Vehicle or for loss or damage to any property whatsoever belonging to or in the custody of:
   1. You;
   2. any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
   3. any relative, friend or associate of an Authorised Driver;
   4. Your employees; or
   5. Unless We or Our Employee acting in the course of their employment is negligent or fraudulent.

9. Rental Period, costs, and charges

9.1 The Rental Agreement shows:

1. the Rental Period for which You have hired the Vehicle; and
2. the Rental Charges.

9.2 Return of the Vehicle

1. You must return the Vehicle on the date and by the time shown in the Rental Agreement. If You fail to return the Vehicle, We may terminate the Rental Contract and 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.
2. If You return the Vehicle with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will apply.
3. At the End of the Rental, You must:
   1. return the Vehicle: in the same condition it was in at the Start of the Rental, fair wear and tear excepted; and with a full tank of fuel.
   2. pay:
      1. the balance of the Rental Charges (if any);
      2. any toll or traffic infringement;
      3. the ADE if there is Damage or Third-Party Loss because of an Accident or the Vehicle is stolen;
      4. any costs We incur, including extra cleaning costs under clause 3.5, in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded;
      5. for all Damage arising from a Major Breach of the Rental Contract; for all Overhead Damage or damage cause whilst reversing;
      6. for all Underbody Damage;
      7. for any Damage caused by the immersion of the Vehicle in water; or
      8. for any Damage as stated in clause 8.1 and 8.2.

9.3 Late return fees

1. If You return the Vehicle:
   1. more than 30 minutes after the time and date set for its return in the Rental Agreement and Your rental is a local rental; or
   2. more than 2 hours after the time and date set for its return in the Rental Agreement and Your rental is an interstate rental, we will charge You $22 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; and
   3. 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.
2. If Accident Damage Excess Reduction or other optional hire options have been purchased the cost of these will be added to the late return charges on a pro rata basis.

9.4 Interest

Amounts owing to Us after the End of the Rental pursuant to clause 9.2(b) and 9.2(c) accrue interest at the rate of 10% per annum commencing 14 days after the End of the Rental.

9.5 Credit card authority

If any amount is due to Us, including the ADE payable under clause 7.1 remains unpaid You authorise Us to debit Your credit card with that amount within 7 days after the End of the Rental or deduct the outstanding amount from Your Security Deposit prior to its return.

9.6 Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract, 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 and where applicable, the person who is paying for the Hire, if that person is not the main Hirer. 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.

If Your outstanding debt is forwarded to our debt collection department, additional fees and charges relating to the collection and debt recovery will be added to your account if the debt is over 7 days overdue.

9.7 Cancellation

1. For local rentals if Your booking is cancelled:
   1. 48 hours or more prior to the Start of the Rental a cancellation fee of $33 applies; or
   2. within 48 hours of the Start of the Rental or You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Vehicle, You will be charged the Rental Charges for the Rental Period as booked and there will be no refund of any moneys paid unless We are able to rent the Vehicle to another renter for an equivalent time, term and rate.
2. For interstate rentals and one-way rentals if Your booking is cancelled:
   1. Greater than 14 days prior to the Start of the Rental, any pre-paid Rental Charges will be refunded less the security Deposit, Interstate booking fee and credit card fees.
   2. Less than 14 days prior to the Start of the Rental, no refund will be provided.

9.8 Personal Property

1. We are not responsible for any personal property being transported in the vehicle or left in the vehicle at the end of Your hire period for any reason or under any circumstance including those stipulated in clause 8.2.
2. Any personal documents found in a vehicle by one of our Hire Agents will be stored for a maximum period of 28 days at our Head Office warehouse. Unless We are notified by You and You collect within 28 days, the property will be securely destroyed.
3. Any goods –less than $1,000 found in a vehicle by one of our Hire Agents will be stored for a maximum period of 14 days at our Head Office warehouse. Unless We are notified by You and You collect within 14 days, the property will be disposed of in the appropriate manner.
4. Any goods –between $,1000 but less than $20,000 found in a vehicle by one of our Hire Agents will be stored for a maximum period of 28 days at our Head Office warehouse. We will write to you at your nominated address advising you of goods or property being left in the vehicle at the end of your hire. Unless We are notified by You and You collect within 28 days, the property will be disposed of in the appropriate manner.
5. If you contact Us within the stated time frames and ownership of the property in question can be identified as Yours to Our satisfaction; we will organise for you to collect the personal property from our Head Office warehouse or for the goods or property to be couriered to your nominated address. The cost of returning the property to you, at Your expense.

10. Mechanical Breakdowns & Roadside Assistance

10.1 We will provide You with a Vehicle that is of acceptable quality and in good working order, but breakdowns and tyre punctures do occur. For this reason, we strongly recommend the purchase of Premium Roadside Assistance Cover, prior to commencing your Hire for added peace of mind.

Standard roadside assistance is provided free of charge and if the Vehicle breaks down during the Rental Period You must contact Us on 02 9339 4803 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.

10.2 Unless a breakdown occurs because of Our negligence, we are not responsible for any consequential loss You may suffer including but not limited to:

1. Any personal belongings or cargo being transported during your hire of any Authorised Driver or their employees;
2. Travel or accommodation losses because of a breakdown for whatever reason;
3. Loss incurred due to any accident or breakdown;
4. Any cost or loss for any equipment being towed; or
5. Any cost, loss or compensation in the event a suitable replacement vehicle cannot be supplied.

10.3 We are also not responsible for:

1. Damage because of use of the incorrect fuel type;
2. a flat battery;
3. tyre failure caused by a puncture or flat tyre or caused by impact with a kerb or other road hazard;
4. running out of fuel;
5. lost keys or remote-control device;
6. keys or remote-control device locked in the Vehicle;
7. Extra charges will apply if any of these services are provided at Your request;
8. Any mechanical failure whatsoever related to towing or the equipment being towed; or
9. Damage to Glass, including Windscreen, Windows, and Mirrors for any reason.

10.4 For each roadside assistance callout for a fault or incident caused by Your act or omission (including, but not limited to emergency refuelling (up to an amount required to reach the nearest petrol station), a tyre-related incident, lost keys, keys locked in vehicle, or a flat battery due to lights or other electrical equipment being left on), or glass replacement, you will be charged the Roadside Callout Fee, unless You have purchased Premium Roadside Assist Cover.

At the Start of the Rental You may purchase Premium Roadside Assist at an extra daily cost shown in the Rental Agreement to provide cover for:

1. sufficient fuel to allow the Vehicle to be driven to the nearest service station or providing a tow to the nearest service station when providing fuel is not possible or practical;
2. unlocking the Vehicle when the keys, keyless start or remote control device have been locked in the Vehicle;
3. changing a tyre caused by a puncture;
4. starting the Vehicle if the battery is flat because You have left the head lights or interior lights on, or air-conditioning, entertainment system or other electrical equipment operating, when the engine is not running;
5. the cost of a replacement battery or jump start which has failed because You have left the head lights or interior lights on, or air-conditioning, entertainment system or other electrical equipment operating, when the engine is not running;
6. the cost for Glass and Windscreen repairs caused by debris hitting the windscreen whilst driving such and chips and scratches which are smaller than a 10 cent coin in size only; or
7. the cost of towing the vehicle to the nearest hire location or major town up to 50KM maximum in the event of a breakdown.

10.5 Accident reporting

1. If You or an Authorised Driver has an Accident, cause damage to the vehicle or if the Vehicle is stolen, whether you are at fault or not,You must report the Accident, Damage or Theft to Us within 24 hours of it occurring and within 48 hours fully complete our Incident report form which can be downloaded through our ‘Book N Go’ application or sent to you by Us and forward it to admin@gowiththegecko.com.au. If you do not notify us within 24 hours and/or submitted the completed incident report from within the time period described above you are in breach of your agreement and the maximum ADE maybe applicable.
   1. Roadside assistance (including premium roadside assistance) cover does not apply in the event of an accident, vehicle damage, or if the vehicle is stolen.
2. If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where:
   1. any person is injured;
   2. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses;
   3. the other party appears to be under the influence of drugs or alcohol,
   4. You or the Authorised Driver must also report the Damage, Theft or Accident to the Police.
3. If You or an Authorised Driver has an Accident You and the Authorised Driver must:
   1. exchange names and addresses and telephone numbers with the other driver,
   2. take the registration numbers of all vehicles involved.
   3. take as many photos as is reasonable showing:
      1. the position of the Vehicles before they are moved for towing or salvage.
      2. the Damage to the Vehicle.
      3. the damage to any third-party vehicle or property, and
      4. the general area where the Accident occurred, including any road or traffic signs;
   4. obtain the names, addresses and phone numbers of all witnesses;
   5. not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
   6. forward all third party correspondence or court documents to Us within 7 days of receipt; and
   7. 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 because of an Accident, including attending Our lawyer’s office or any Court hearing.
   8. Forward our Incident Report form to admin@gowiththegecko.com.au within 48 hrs of the Accident occurring.
4. If the event towing has been pre-authorised, our insurance policy does not cover any equipment, machinery being pulled or towed or transported or damages to any cargo or personal belongings being transported.

11. Consequences of a Major Breach of the Rental Contract

11.1 If You or any Authorised Driver:

1. commit a Major Breach of the Rental Contract in a way that causes Damage, Theft of the Vehicle, or requires make good repairs, less fair wear and tear, or Third-Party Loss; or
2. drive the Vehicle in a reckless manner for the conditions or so that a substantial breach of road safety legislation, has occurred, You and any Authorised Driver:
   1. have no Damage Cover;
   2. are liable for all Damage, theft of the Vehicle and Third-Party Loss; and
   3. are liable for and must pay any additional costs or expenses We incur as a direct consequence such as loss of revenue, cleaning, transportation and repairs etc.

11.2 Acting reasonably, we may terminate the Rental Contract and take immediate possession of the Vehicle if a breach of any part of clause 1 has occurred.

12. Privacy

12.1 We are committed to complying with the Australian Privacy Principles.

12.2 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.

12.3 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.

13. Dispute Resolution

13.1 If You have a complaint or dispute about Your rental, including the service You received from Us or decisions made about a claim, You may refer Your complaint or dispute to Our Internal Disputes Resolution (IDR) process where Your complaint or dispute will be reviewed by an employee who has the experience, knowledge and authority to conduct a review.

13.2 The first step is to contact Us at admin@gowiththegecko.com.au or by phone to 1300 826 883.

13.3 And Our IDR officer will acknowledge receipt of Your complaint or dispute within 14 working days. Provided We have all the necessary information Our IDR officer will review Your complaint or dispute and respond to You with reasons for Our decision within 15 working days or if further investigation is required, within a reasonable time frame that We will endeavour to agree with You.

14. Additional clauses that apply to the rental of remotely operated Vehicles

14.1 If Your Rental Contract is for a remotely operated Vehicle this clause 14 also applies to Your rental and is additional to the clauses in these Terms and Conditions that apply to all rentals from Go With The Gecko. If there is any inconsistency between this clause 14 and any of clauses 1 to 13 (inclusive) or the definitions in clause 15 in these Terms and Conditions, this clause 14 will prevail but otherwise all of the clauses in these Terms and Conditions apply to Your rental.

14.2 Booking Procedures

1. A booking for a Remotely Operated Vehicle can be made:
   1. by booking on line at www.gowiththegecko.com.au at any time; or
   2. through our ‘Book N Go’ software application; or
   3. by phone to Our sales teams on 1300 826 883 between 9am and 5pm six days a week.
2. Upon receipt of a telephone booking request, before allowing you access to the vehicle, We will forward to you an electronic Hire Agreement for Your signature and it is Your responsibility to check that the booking accurately meets Your requirements and you have read these terms and conditions. For online bookings and ‘Book N Go’ bookings the hire agreement forms part of the automated booking process.
3. You must confirm the booking by electronic signing (or on glass) the e-Agreement and returning it to Us.
4. Upon receipt of the signed e-Agreement, We will forward an email or text message, detailing the process to download our ‘Book N Go application to your mobile device. This ‘Book N Go’ application MUST be downloaded in order to access the vehicle and proceed with your hire. This application provides you with:
   1. the Vehicle’s location; and
   2. functionality that locks and unlocks the Vehicle up to 15 minutes prior to the commencement of the Rental Period and 15 minutes after the Rental Period concludes; or
   3. alternatively, during normal business hours only, You may contact Us when You arrive at the Vehicle’s location and We will remotely unlock the Vehicle. Additional identification will be requested to manually unlock the vehicle.
5. The minimum Rental Period for Remotely Operated Vehicles is 2 hours.

14.3 Commencement of the Booking Period

1. Before driving the Vehicle You must submit photos through the ‘Book N Go’ application as follows:
   1. four (4) photos of the Vehicle, one (1) each of the front, rear and each side of the Vehicle; and
   2. one (1) photo showing the odometer and the fuel gauge; and
   3. one (1) photo showing an un-obstructive view of the front of Your driver’s licence and that of any Authorised Driver and;
   4. one (1) photo showing the reverse of Your driver’s licence and that of any Authorised Driver so to clearly display any change of address label applied to the licence.
   5. one (1) ‘selfie’ photo showing the face of the Authorised Driver standing next to the nominated hire vehicle.
2. You must submit the photos through the ‘Book N Go’ application only. Any delay in submitting photos through the application will stop access to the vehicle being granted and will delay the return of the Security Deposit or any failure to comply with the strict requirements of this clause 14.3 may affect Your ability to dispute that Damage detected at the End of the Rental is Your responsibility.
3. We reserve the right to request additional security documentation if the identity of the Authorised Drivers cannot be verified to our satisfaction. In the event the identity cannot be reasonably established to our satisfaction we may cancel the booking with immediate effect.

14.4 Return of the Vehicle

1. At the end of the booked Rental Period the Vehicle must be returned to the parking space nominated by Us, but if You are forced to park the Vehicle in any other area, You must:
   1. notify Us immediately by phone of its new parking bay or exact location;
   2. ensure it is parked legally; and
   3. pay any parking fees for a minimum period of two (2) hours unless a shorter period applies.
2. You must return the Vehicle:
   1. in the same condition it was in at the Start of the Rental, fair wear and tear excepted; and
   2. with a full tank of fuel;
3. ensure that:
   1. the lights and accessories are turned off;
   2. the doors and windows are closed;
   3. the Vehicle is locked;
   4. the car key is left in the Vehicle in the centre console or glove box;
   5. You have removed all personal belongings and any rubbish from the cabin and cargo area
4. Pay:
   1. the balance of the Rental Charges (if any);
   2. any Toll or traffic infringement;
   3. the ADE if there is Damage or Third Party Loss as a result of an Accident or the Vehicle is stolen;
   4. any costs We incur, including extra cleaning costs under clause 3.5, in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded;
      1. for all Damage arising from a Major Breach of the Rental Contract;
      2. for all Overhead Damage;
      3. for all Underbody Damage; and
      4. for any Damage caused by the immersion of the Vehicle in water.
5. You will be charged for the Rental Period as booked notwithstanding You have:
   1. collected the Vehicle after the Start of the Rental Period;
   2. returned the Vehicle prior to the End of the Rental; or
   3. not used the Vehicle during the Rental Period.
6. If You return the Vehicle with less than a full tank of fuel a refuelling charge of $55 (including GST) plus the cost of the fuel, will apply.
7. If We receive a parking infringement notice because the Vehicle has been illegally parked, We will nominate You as the responsible party and You must pay the fine.
8. You are responsible for Damage to the Vehicle from the time the Vehicle is unlocked until the last recorded locking of the Vehicle at the End of the Rental through our ‘Book N Go’ software application or when you request us to manually lock the vehicle on your behalf or when the GPS records show the Vehicle was stopped or parked in the nominated location.

15. Definitions

Accident means an unintended and unforeseen incident, including:

1. a collision between the Vehicle and another vehicle or object, including animals, buildings and other roadside infrastructure;
2. rollovers; or
3. a weather event, including hail Damage, that results in Damage or Third-Party Loss.

Accident Damage Excess (ADE) means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third-Party Loss or the Vehicle has been stolen. The standard Accident Damage Excess is $7,000 AUD plus GST.

Authorised Driver means any driver of the Vehicle who is approved by Us and who is recorded on the Rental Agreement prior to the Start of the Rental.

Cleaning & Deodorising means the cost of any professional cleaning including rubbish removal, or safe disposal of items left in the hire vehicle or odour extraction reasonably incurred by Us and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction.

Damage means:

1. any loss or damage to the Vehicle including its parts, components, and accessories, including the GPS unit, that is not fair wear and tear;
2. towing and salvage costs;
3. assessing fees;
4. claims administration fee; and
5. Loss of Use,

and for the removal of doubt, any Damage to the windscreen, mirrors, headlights, lights or tyres that makes the Vehicle unroadworthy is not fair wear and tear.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Vehicle is returned to Us, whichever is the later.

GPS Tracking Device means a GPS or other telematics device that is fitted to the Vehicle that has electronic tracking capabilities to determine its location and other data including speed and fuel levels.

Loss of Use means Our loss calculated daily at the daily rate shown in the Rental Agreement because the Vehicle is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach means a breach of any of clauses, 2.1, 2.2, 2.3, 2.4, 3.1, 3.2, 3.3, 3.4, 3.6, 4.1, 4.2, 4.3, 5.3(d), 5.3(e), 5.3(f), 5.3(g), or 5.3(h), that causes Damage, theft of the Vehicle or Third Party Loss.

Off Road means any area that is neither a sealed or 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, sand, deserts, rocks, fields and paddocks.

Overhead Damage means:

1. Damage at or above the level of the top of the front windscreen of the Vehicle; or
2. Third Party Loss, caused by:
   1. 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;
   2. objects being placed on the roof of the Vehicle; or
   3. You or any person standing or sitting on the roof of the Vehicle.

Rental Charges means the charges payable for renting the Vehicle from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.

Rental Station means the location from which the Vehicle is rented, as shown on the Rental Agreement.

Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.

Roadside Assistance Call Out means a charge for an individual roadside assistance callout event; the cost of a call out is determined by the type of call out required. Minimum cost is $198 per call out.

Security Deposit means the amount ranging from $200 to $500 (depending on hire type) as We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental.

Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Underbody Damage means any damage to the Vehicle caused by or resulting from contact between the underside of the Vehicle and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise because of an impact with another vehicle.

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.

Local Hire means within 50KM radius of the nominated pick-up rental station.

Interstate Hire means any hire where the vehicle is driven beyond the 50KM radius from the pick-up rental station including hires which are within the same State or Territory.

One-Way Hire means any hire where the vehicle is returned to an alternate location to the nominated pick-up location.

Vehicle means the Vehicle described in the Rental Agreement and includes its parts, components, and accessories, including the GPS unit.

Book N Go Software Application or Book N Go App means our self-service booking platform, which is downloaded from Google Play, iTunes or other for the purposes of booking a hire or accessing a vehicle for hire.

We, Us, Our, means Response Group Australia Pty Ltd trading as Go With The Gecko ABN 77 118 237 415.

Your means the person, whether it is an individual, a firm or company or government agency that rents the Vehicle from Us and whose name is shown in the Rental Agreement.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010