Terms and Conditions

Effective Feb 6 2024

CONSUMER RIGHTS STATEMENT

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. YOUR RENTAL AGREEMENT

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 Please read the Rental Agreement carefully, If there is anything that You do not understand or accept, please speak with a Go With The Gecko representative before signing the Rental Agreement. By renting with Us, You acknowledge that You have read and understood the Rental Agreement in its entirety and that You agree to be bound by it.

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

1.4 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.

1.5 There are words and phrase used in the Rental Agreement that have a particular meaning that You need to be familiar with. These are listed below:

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

Accident means an unintended and unforeseen incident, including, a collision between the Vehicle and another vehicle or object, including animals, buildings and other roadside infrastructure, rollovers; or 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.

Accident Damage Excess Reduction Cover (ADERC) means an option You may select prior to the commencement of the rental for an extra cost to reduce the ADE amount payable under this agreement. By purchasing this option, You reduce your ADE liability to $1,000 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.

Additional Driver means any person authorised by Us(by prior written agreement) to drive the vehicle, Including the Hirer and any Additional Driver noted on 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, including cleaning and deodorising as a result of smoking or vaping in the vehicle which is reasonably incurred by Us and a reasonable administrative fee reflecting the cost of making arrangements for professional cleaning or odour extraction.

Damage means any loss or damage to the Vehicle including the key, keyless start, any accessory or equipment, however caused, other than reasonable fair wear and tear, and any other property loss or damage caused by the use of the vehicle during the rental period and any subsequent period up until the return of the vehicle. Damage to the windscreen, mirrors, headlights, lights or tyres that makes the Vehicle unroadworthy, incorrect fuel is not fair wear and tear.

Damage Costs means costs specified in clause 8 and includes towing and salvage costs, assessing fees, claims administration fees and loss of use.

DPF Burn means the action required when operating a diesel fuelled Vehicle to maintain the Vehicle’s diesel fuel system to prevent Vehicle damage, when prompted by the vehicles warning indicators.

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.

Fair Wear and Tear The definition of fair wear and tear can be found at: www.gowiththegecko.com.au/fair-wear-and-tear/

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.

Hirer means the person whose name is listed as hirer in the Rental Document and is also referred to in these Terms and Conditions as ‘You’.

Hiring Location/Hire Pod means the Go With The Gecko branch or authorised rental station from which you hired the vehicle.

Incident means an Accident, an instance of Damage occurring to the Vehicle, theft of the vehicle, loss of the vehicle or other incident where the Vehicle may sustain Damage or You have lost or may lose possession or control of the vehicle.

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 that causes Damage, theft of the Vehicle or Third-Party Loss or there is a significant breach of any part of sections 3,4,5,6,7,8,9,10,11,12,13 and 14 of these terms and conditions.

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 means damage at or above the level of the top of the front windscreen of the Vehicle; or Third Party Loss, caused by, 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. Objects being placed on the roof of the Vehicle; or You or any person standing or sitting on the roof of the Vehicle.

Premium Roadside Assistance Cover (PRAC) means an option to purchase added cover against mechanical breakdowns, Tyre Punctures and Windscreen chips and glass replacement, prior to the commencement of the hire.

Rental Agreement has the meaning given in clause 1.1.

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 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 $199 (inclusive of GST) per call out (excluding parts).

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.

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 requires that snow chains are to be fitted to the Vehicle.

Sunset and Sunrise means, in relation to any location, the local sunset and sunrise times specified for that location by the Australian Government Geoscience Australia as reported on their website, currently located at: http://www.ga.gov.au/geodesy/astro/sunrise.jsp

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 pick-up rental station or hiring location noted on the Rental Agreement.

Interstate Hire means any hire where the vehicle is driven beyond the 50KM radius from the pick-up rental station noted on the Rental Agreement, this includes 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 hire 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 digital store for the purposes of booking a hire or accessing a vehicle for hire from Us.

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.

2. GENERAL

2.1 In the event of any inconsistencies between the Terms and Conditions listed on our Book N Go App or our Websites and these Terms and Conditions, these Terms and Conditions will prevail.

2.2 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.

3. YOUR BOOKING

3.1 A booking for one of Our Vehicles can be made by either:

1. booking online 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 AEST, six days a week.

3.2 Upon receipt of a booking request, and 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 electronic hire agreement forms part of the automated booking process.

3.3 You must confirm the booking by electronic signing (on glass) the Rental Agreement and return it to Us. Upon receipt of the signed Rental Agreement, We will forward an email or SMS text message to your nominated account details outlining the process to download our ‘Book N Go’ application to your mobile device. Our ‘Book N Go’ application must be downloaded to access the vehicle and proceed with your hire. In addition, this application provides you with the Vehicle’s location; and 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

3.4 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 maybe requested to manually unlock the vehicle.

3.5 When You make a rental booking, We will endeavour to provide a vehicle of the vehicle class requested, subject to availability. Even if You have a valid booking, We may refuse to provide you a rental vehicle where You do not present a driver licence acceptable to Us, do not provide the required security deposit or Credit Card, fail to submit the required proof of Identification to our satisfaction, fail to pay the Rental Charges, or are intoxicated, aggressive or confrontational with Our staff.

3.6 You may cancel Your booking prior to the date and time of the commencement of Your rental, subject to the conditions in clause 3.7 and 3.8

3.7 For local rentals there is a one (1) hour cooling off period for all bookings cancelled. If Your booking is cancelled 48 hours or more prior to the Start of the Rental:

1. 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.

3.8 For interstate rentals and one-way rentals if Your booking is cancelled

1. outside 14 days prior to the Start of the Rental Period, a cancellation of $300 (inclusive of GST) will apply.
2. Within 7-14 days prior to the start of the Rental period any pre-paid Rental Charges will be refunded, less the Security Deposit, Interstate booking fee and credit card fees.
3. Within 7 days of the Start of the Rental Period, no refund will be provided.

3.9 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.

3.10 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.

3.11 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 Learner licence holders are not acceptable and must not drive the Vehicle. 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. Additional fees, charges and Security Deposits may apply for Provisional Licence Holders and/or International Licence holders.

4. YOUR RENTAL PERIOD

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

4.2 The vehicle (including keys, keyless start or any other accessory or equipment supplied) must be returned to the nominated rental station or hire pod specified in the Rental Agreement noted as the return location, on the date and by the time shown in the Rental Agreement.

Early Return

4.3 You may end Your rental earlier that the date and time shown in the Rental Agreement by returning to Vehicle to the rental location, but the daily rate will not be adjusted or refunded in the event of any early return.

Extending the Rental Period

4.4 We understand that circumstances change, and You may require the vehicle for longer than the Rental Period, If so, You must contact Us prior to expiration of the Rental Period to request an extension. We may approve or deny Your request.

4.5 If We do not approve Your request for an extension to the Rental Period, You must return the Vehicle by the date and time specified in the Rental agreement.

4.6 If We approve Your request for an extension to the Rental Period, We will take payment at that time for the additional charges resulting from the extension.

Late Return

4.7 If Your Hire is noted as a Local Hire on Your Rental Agreement and You return the Vehicle (including the keys or keyless start) at the end of the Rental Period and We have not agreed an extension to the Rental Period in accordance with clause 4.6 we will continue to charge late return fees until the vehicle (and key or keyless start) is returned will be charged to Your Hire Account.

4.8 For all other hire types, including Interstate and City to City Hires, where the Vehicle (including the keys or keyless start) is returned more than 2 hours after the time and date stated in the Rental Agreement, we will charge You a minimum of $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 (including keys or keyless start) is returned to Us; and at any time if you return Your Hire Vehicle 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.

4.9 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.

At the start of Hire

4.10 At the initial point of booking, (unless otherwise agreed in writing by Us) 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.

4.11 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. If You are uncertain about whether Your debit or credit card is acceptable You should contact Us.

4.12 At the time of booking, (unless otherwise agreed in writing by Us) an amount to cover the Rental Charges and Security Deposit will be directly charged to Your nominated debit or credit card supplied at the point of purchase.

4.13 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 processing of the Security Deposit.

Photo Verification and Hirer Identification

4.14 We use Photos to verify and record the condition of the vehicle at the commencement of the hire period. Before driving the Vehicle You must submit the following photos through the nominated ‘Book N Go’ application as follows:

1. A minimum of four (4) photos of the Vehicle, one (1) each of the front, rear, and each side of the Vehicle to establish the condition of the vehicle; and;
2. one (1) photo showing and un-obstructive view of the front of Your driver’s licence and that of any Authorised Driver showing You are licenced to drive the Hire Vehicle and;
3. 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. The Licence address must match the address listed on the Rental Agreement. And,
4. one (1) ‘selfie’ photo showing the full face of the main Hirer or Authorised Driver, clear of facial coverings, masks, hats, or sunglasses etc, standing next to the nominated hire vehicle; so that identification of the hirer can be established to Our satisfaction.

4.15 You must submit the photos through the nominated ‘Book N Go’ application only. Any delay in submitting photos through the application will stop access to the vehicle being granted, unless written permission has been given by Us to submit the photos by another means.

4.16 Failure to comply with the strict requirements of this clause 4.13 and 4.14 may affect Your ability to dispute that Damage detected at the End of the Rental is Your responsibility.

4.17 We reserve the right to request additional proof of ID or security documentation if the identity of the Hirer or Authorised Driver cannot be verified to Our satisfaction. In the event the identity of the Hirer cannot be reasonably established to Our satisfaction we may cancel the booking with immediate effect.

During the rental

4.18 You and any Authorised Driver are responsible for and must pay all road 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, including any administrative fees or interest charges.

4.19 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.

4.20 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.

4.21 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.

4.22 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.

4.23 You and any Authorised Driver must take reasonable care of the Vehicle during your hire period by preventing it from being damaged, making sure that it is protected from the weather, maintaining the engine and brake oils and coolant level and tyre pressures, using the correct fuel type; and making sure it is not overloaded.

4.24 You must inform Us immediately if a warning light or fault message appears during your hire. You see or become aware of low engine or brake oils, or engine coolant levels; or the Vehicle develops any fault during the Rental Period.

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

4.26 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.

4.27 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.

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

At the End of the Rental and Returning the Vehicle.

4.29 At the end of the booked Rental Period the Vehicle must be returned to the Rental Location and parking space nominated by Us and shown on the Book N Go application, 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. If not within a reasonable distance a relocation fee may apply.
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.

4.30 You must return the Vehicle in the same condition it was in at the Start of the Rental, fair wear and tear excepted; and

1. with a full tank of fuel; and
2. ensure the car key and any parking pass is returned to the Vehicle is left in the centre console or glove box; and that the exterior and interior lights and accessories are turned off, all the vehicles driver, passenger and cargo doors and windows are closed and locked.
3. You have removed all personal belongings and any rubbish from the cabin and cargo area and cleaned and sanitised the vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded.

4.31 We use Photos to record the condition of the vehicle at the end of Your hire period. You must submit the following photos through the nominated ‘Book N Go’ application as follows:

1. A minimum of four (4) photos of the Vehicle, one (1) each of the front, rear, and each side of the Vehicle to record the condition of the vehicle upon return.
2. one (1) photo showing the odometer and the fuel gauge to establish the kilometres travelled during your hire and fuel level at the end of your hire
3. the fuel receipt as evidence You have re-fuelled the Hire Vehicle.

4.32 You must submit the photos through the nominated ‘Book N Go’ application only. Failure to comply with the strict requirements of this clause 4.13 and clause 4.14 may affect Your ability to dispute that Damage detected at the End of the Rental is Your responsibility.

4.33 Failure or delay in submitting the required condition 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 accept 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.

4.34 Pay, the balance of the Rental Charges, Toll Charges, Fines and traffic infringements (if any).

4.35 Pay the ADE if there is Damage or Third-Party Loss as a result of an Accident or the Vehicle is stolen.

4.36 Pay any costs We incur, including extra cleaning costs under clause 4.30, in reinstating the Vehicle to the same condition it was in at the Start of the Rental, fair wear and tear excluded.

4.37 Pay for all Damages arising from a Major Breach of the Rental Contract, for all Overhead Damage, for all Underbody Damage; and for any Damage caused by the immersion of the Vehicle in water.

4.38 Ensure You have returned the Vehicle with a full tank of fuel. A refuelling charge of $55 (including GST) to cover the callout of a technician to refuel the Vehicle, plus the cost of the fuel at the local service station, will be charged to Your Hire Account.

4.39 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.

Security Deposit

4.40 The Security Deposit is fully refundable to You, less any charges that have been applied to your account, if all amounts due to Us under the Rental Agreement have been paid, including but not limited to:

1. toll road charges, traffic infringements, any additional kilometres travelled, fines and refuelling costs.
2. the Vehicle has been returned to the Rental Station at the date and time set in the Rental Agreement and as outlined in clauses 4.29 and 4.30
3. there is no Damage, Accident or Third-Party Loss as outlined in sections 10 and 11
4. the exterior and interior of the Vehicle are clean and tidy and free from rubbish, odours and there has been no smoking or vaping in the Vehicle.
5. the Vehicle has been returned with a full tank of fuel.
6. there are no outstanding fines or infringements.
7. The return of vehicle conditions has been met as outlined in clause 4.30
8. and there has not been a Major Breach of the Rental Contract.

4.41 We endeavour to complete the return of The Security Deposit as quickly as possible, following the end of Your Hire Agreement. The return of Your Security Deposit can take up to 5 business days to be completed and returned to to your nominated bank account. This allows for all third-party providers to apply toll charges or traffic infringements to Your account (where applicable) and for your bank to refund the Security Deposit back to your nominated banking account.

5. PROHIBITED VEHICLE USE

5.1 The Vehicle must not be driven by You or any Authorised Driver 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, recklessly or dangerously; or whilst the Vehicle is damaged or unsafe, In a manner that the Vehicle type is not designed for, In any prohibited area of use outlined in clause 6 or before Sunrise or after Sunset.

5.2 You and any Authorised Driver must not fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment.

5.3 You or any Authorised Driver must not use the Vehicle for any illegal purpose, to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes or;

5.4 propel or tow another vehicle or a trailer unless prior authorisation has been given and ‘towing authorisation’ is stated on your hire agreement or:

5.5 in connection with the motor trade for experiments, tests, trials, or demonstration purposes or for commercial purposes or as a taxi; or

5.6 in an unsafe or un-roadworthy condition.

5.7 You and any Authorised Driver must not damage the Vehicle deliberately or recklessly or allow anyone else to do so, modify the Vehicle in any way, sell, rent, lease, or dispose of the Vehicle; or register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009.

5.8 You and any Authorised Driver must not use the Vehicle to carry passengers for hire, fare or reward or for rideshare purposes, more than the number of passengers for which the Vehicle is licensed; or any load that exceeds the limits for which the Vehicle was designed, constructed, registered, or licenced.

5.9 You and any Authorised Driver must not use the Vehicle to transport any pets or animals except assistance animals; or

5.10 Smoke or Vape inside the Vehicle 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.

5.11 You and any Authorised Driver must not use a mobile phone or a GPS unit whilst the Vehicle is in motion or stationery; 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.

6. PROHIBATED AREAS OF USE

6.1 The Vehicle must never be driven on: an Unsealed Road, Off Road; or above the snow line between 1 May and 31 October and before Sunrise or after Sunset.

6.2 The Vehicle must not be used in any area that is prohibited by Us. Prohibited areas include roads that are prone to flooding or are flooded, beaches, streams, rivers, creeks, dams and floodwaters, any road where the police or an authority has issued a warning any road that is closed; and any road where it would be unsafe to drive the Vehicle.

6.3 The Vehicle must never be driven or used outside a radius of 50 kilometres from the Rental Station, outside the state or territory in which the Rental Station is located; or 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.

7. ACCIDENT DAMAGE COVER

7.1 Accident Damage Cover (ADE) 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 the Accident Damage Excess (ADE) shown on the Rental Agreement for each Accident or theft unless We agree that You were not at fault; and the other party’s insurance company accepts liability.

7.2 At the Start of the Rental You may purchase Accident Damage Excess Reduction Cover (ADRERC) 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 7.1 will be charged to Your credit card supplied at the time of booking as soon as a single vehicle accidents or Damage to the vehicle become known, or if the Vehicle has been stolen, and after We have made reasonable enquiries and, in Our opinion, it is unlikely the Vehicle will be recovered; and for Accidents in which there is also Third-Party Loss,

8. RENTAL PERIOD, COSTS, INTEREST & CHARGES

8.1 The Rental Agreement shows the Rental Period for which You have hired the Vehicle, and the Rental Charges.

8.2 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.

8.3 If the vehicle is returned late as outlined in clause 4.7, and 4.8, charges will be applied as outlined in these clauses.

8.4 If We receive a parking infringement notice because the Vehicle has been illegally parked or Traffic Infringement Notice or other Fine, We will nominate You as the responsible party, and charge You a $33 administration fee to cover the nomination process. We will charge this fee to your nominated credit card or deduct the amount owing from your security deposit prior to its release.

8.5 You will be charged the price of fuel from the local service station plus a fee of $55 to cover the cost associated with us having to fill up for you! In the unlikely event you receive the vehicle without a full tank of fuel – please contact us immediately.

8.6 In the event of rubbish or other personal items being left in the vehicle, strong odours remaining, or evidence smoking has taken place in the vehicle; and or the vehicle requires cleaning, or a valet is required (less fair wear and tear) or disposal or tipping fees are required to safely dispose of any items left in the vehicle’s passenger cabin or cargo area. You will be charged a cleaning, sanitisation, or rubbish disposal fee to cover these costs.

Interest and charges on Amount Due

8.7 You must 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. You must also 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 or court costs.

Credit card authority

8.8 If any amount is due to Us, including but not limited to the ADE payable under clause 7.1 remains unpaid at the end of your rental, You authorise Us to debit Your credit card with that amount within 28 days after the End of the Rental or deduct the outstanding amount from Your Security Deposit prior to its return.

Default in payment

8.9 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 more than 60 days and the debt owed to Us.

8.10 Any default in payment, administration fees, legal fees, credit collection fees, Traffic Fines, Road Rolls and any other charges incurred during Your Hire, incur interest at the rate of 10% per annum commencing 14 days after the End of the Rental.

9. TOLL PAYMENTS

9.1 Our Rental Agreement with You does not cover You or any Authorised or Unauthorised Driver for the use of any Toll roads. If You choose to utilise a Toll Road during your Hirer period; You are liable for and must pay for all tolls and charges relating to Your use of the Vehicle on toll roads.

9.2 On receipt of a Toll charge to Our account from the Toll Authority (Linkt), We will charge the cost of these Toll Charges, plus an administration fee of $6.00 per toll, to the credit card held on your hire account.

9.3 If there are insufficient funds or we are unable to charge Toll Charges to your nominated credit card for any reason; we will deduct any monies owing from your security deposit prior to its return.

9.4 You agree you are responsible for and must pay for all Toll Charges 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, or where previous evidence of payment cannot be provided by You. Default in payment of outstanding Road Tolls may result in additional fees and charges being applied to your account.

10. MECHANICAL BREAKDOWN & ROADSIDE ASSISTANCE

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

10.2 During the rental period Roadside Assistance is provided free of charge for inherent mechanical faults in the vehicle but fees and charges apply for all other faults or driver induced errors. If the Vehicle breaks down during the Rental Period You must contact Us on 02 9615 4426 to arrange assistance. Roadside assistance (including Premium Roadside Assistance) cover does not apply in the event of an accident, vehicle damage, or if the vehicle is stolen.

10.3 In the event of mechanical failure, 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.

10.4 Unless a breakdown occurs because of Our negligence, we are not responsible for any consequential loss You may suffer including but not limited to any personal belongings or cargo being transported during your hire of any Authorised Driver or their employees, travel or accommodation losses because of a breakdown for whatever reason, loss incurred due to any accident or breakdown, any cost or loss for any equipment being towed or any cost, loss or compensation in the event a suitable replacement vehicle cannot be supplied.

10.5 A Roadside Assistance Call Out Fee is payable for the following Roadside Assistance incidents as these are caused by driver error and not mechanical failure of the vehicle. Examples of driver induced errors include:

1. Damage because of use of the incorrect fuel type.
2. A flat battery caused by lights or accessories being left on, tail lift being used whilst the Vehicle engine is not running, causing a battery drain etc.
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; or
6. keys or remote-control device locked in the Vehicle. Any mechanical failure whatsoever related to towing, or the equipment being towed.
7. Damage to Glass, including Windscreen, Windows, and Mirrors for any reason.

10.6 In the event you require Roadside Assistance Cover or each roadside assistance callout for a fault or incident caused by Your act or omission as stated in clause 10.5 you will be charged the Roadside Callout Fee. At the Start of the Rental You may purchase Premium Roadside Assistance Cover at an extra daily cost shown in the Rental Agreement to provide cover for the following assistance services at no cost for the duration of your hire period:

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 fitting a replacement battery (does not include the cost of the battery) or battery 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.
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.

11. ACCIDENT, DAMAGE, LOSS OR THEFT

11.1 This section 11 describes what You must do if there is an Accident, any instance of Damage, Theft of the Vehicle, loss of the vehicle or any other incident where the vehicle may sustain Damage, or you have lost or may lose possession or control of the vehicle (incident). Your liability for the cost of any Damage to or theft of loss of the Vehicle is dealt with in sections 11 and 12, and should always be read in conjunction.

11.2 If You or an Authorised Driver has an Accident, cause damage to the vehicle or if the Vehicle is stolen, a person is injured or the vehicle is towed, You must report the incident to Us within 24 hours of it occurring.

11.3 If the Vehicle is stolen or if You or an Authorised Driver of the Vehicle has an Accident where any person is injured, the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or the other party appears to be under the influence of drugs or alcohol. You or the Authorised Driver must also report the Damage, Theft or Accident to the Police.

11.4 And within 48 hours of the Accident or Incident occurring 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.

What to do if there is an Accident

11.5 In the event of an Accident, You or an Authorised Driver need to:

1. make the vehicle secure.
2. notify the police in the circumstance described in clause 11.3 and remain at the scene until police attend.
3. get the details of all persons involved in the accident, (including names, licence photo, phone numbers, email addresses, mailing addresses and third-party insurance details) and record the registration of any vehicles involved.
4. get the names and contact details of any witnesses.
5. take as many photos as is reasonable showing the position of the Vehicles before they are moved for towing or salvage, the Damage to the Vehicle, the damage to any third-party vehicle or property; and the general area where the Accident occurred, including any road or traffic signs.
6. not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability.

You must notify Us and provide assistance

11.6 If there is an Accident, any instance of Damage, theft of the vehicle, loss of the vehicle or any other incident where the vehicle may sustain Damage. You must:

1. Notify us (by contacting our customer service team) as soon as possible after the Accident, Damage or other Incident an no later than 24 hours after it occurs, unless there are circumstances under which it is impractical or impossible for You to contact Us within 24 hours, and You can produce documented evidence of those circumstances on Our request – Important – if you do not do so You will not have the benefit of any reduced liability we offer under section 7 and You will be liable for all damage costs in accordance with clause 12.1
2. Provide full details of the Accident, Damage or other Incident by completing an Accident Report Form which we will supply to You;
3. 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 cooperate in allowing Us to gain such access
4. Complete and provide all other documentation and details that We require, including but not limited to the details of any driver involved and any police report or police number and forward any third party correspondence or court documents to Us within 7 days of receipt; and
5. Remain in contact with Us and provide assistance with the investigation of any Accidents or other Incidents and attend any court proceedings related to Your Rental Agreement as reasonably requested by Us, until We notify You that Your assistance is no longer required.

Claims

11.7 In relation to any instance of Damage, You must:

1. 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
2. Allow Us to claim in Your name any applicable substitute vehicle insurance and do everything that maybe required to assist Us in making such a claim.

12. DAMAGE PROTECTION & PAYMENT OF ACCIDENT DAMAGE EXCESS

Accident Damage Excess

12.1 Your liability in relation to any single instance of Damage, loss of the vehicle or theft of the vehicle will be limited to any Accident Damage Excess (ADE) payable under this section 12, except in the circumstances described in section 13 (Exclusions to Accident Damage Excess).

What you must pay us for Damage

12.2 Each time there is Damage or theft or loss of the Vehicle, You will be responsible for and must pay the Damage Costs described in clause 12.7 and 13.1 as reasonably assessed by us, up to a total of:

1. The amount of the Accident Damage Excess (ADE) specified in the Rental Agreement
2. Except in circumstances described in sections 12 of these terms and conditions, in which case You will be responsible for all Damage Costs as described in those sections.

12.3 You may be required to pay the ADE more than once if more than one instance of Damage or loss or theft of the Vehicle occurs.

12.4 If you have purchased Accident Damage Excess Reduction Cover (ADERC) the ADE payable will be reduced from the standard rate applicable to a reduced rate (except as specified in section 13 dealing with Damage Cover Exclusions). This reduced rate will be shown as the ADE amount in Your Rental Agreement

How will the Accident Damage Excess be charged?

12.5 Prior to assessing the Damage Costs payable in relation to any instance of Damage or loss or theft of the Vehicle, We may inspect the Vehicle and consider any claims received, make a reasonable estimate of the Damage Costs and charge You as follows:

1. If Our estimate of the Damage Costs is less than the total of the ADE, We may charge You Our estimate of the Damage costs; and
2. If We reasonably estimate the Damage Costs will exceed the total of the ADE, We may charge You the total of the ADE.

12.6 Once Damage Costs have been assessed, We will charge You the amount assessed up to the total of the ADE. If we have already charged You an amount based on our estimate of Damage costs in accordance with clause 12.5, we will make the following adjustments:

1. If the Damage Costs as assessed greater that the estimated Damage Cost charged, We will charge You the difference, but ensuring the total amount charged in relation to that instance of Damage, theft, loss of the Vehicle, does not exceed the total ADE amount; and
2. If the Damage Costs as assessed are less that the amount estimated Damage Costs charged, we will refund You the difference.

What are Damage Costs?

12.7 Damage Costs means:

1. The cost of repair or replacement of the Vehicle or any part of the Vehicle (including Key, Keyless start, remote control device or other accessory);
2. The cost of repair or replacement of any equipment provided with the vehicle.
3. Towing and salvage fees
4. Storage, repossession, and recovery costs actually and reasonably incurred, including fees for the release of the Vehicle from compounds
5. Costs of any other property loss or damage caused by You in an Accident.
6. Assessing Fees being fees incurred by us to have any damage assessed to determine repair cost using any third-party assessor, which vary based on the extend of the relevant damage;
7. Loss of Use Fee, being a fee calculated at 75% of the daily base rate shown in the Rental Agreement charged daily for the number of days the Vehicle is unavailable to be utilised by Us while We are waiting for repairs to be completed or (in the event it is a write-off or has been impounded, lost or stolen) while We are waiting for it to be recovered or replaced, or while We are waiting on Keys, Keyless start or remote control device to be replaced; and
8. Claims Handling Fee being a fee of $200 (plus GST) charged for handling your claim and for making arrangements for repairs, towing and other administrative tasks associated with Damage or loss or theft of the Vehicle.

13. EXCLUSIONS TO ACCIDENT DAMAGE PROTECTION

Damage not covered by the Section 12 Damage Waiver

13.1 Whether or not You have purchased ADERC or paid the Accident Damage Excess, You are fully responsible for all Damage Costs, and You must pay and We will charge You for all Our Damage Costs in relation to any Damage or loss or theft of the Vehicle caused:

1. By any major breach of sections 5, 6, 7, 8, 11, 12, 13 or 14 of these Terms and Conditions
2. Intentionally, deliberately, or recklessly by You, any Authorised Driver, any unauthorised driver or any passenger of the vehicle
3. 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; or where the Driver was under the influence of drugs or alcohol or where the driver subsequently failed to undergo a drug or alcohol assessment.
4. An Accident or damage is caused whilst the Vehicle is being driven in reverse gear, or at excessive speed for the conditions.
5. Overhead Damage: including any impact damage to vehicle fitted with Pantech Cargo Boxes or Underbody Damage; and or Damage caused by immersion of the Vehicle in water or exposure of the Vehicle to salt water.
6. Damage to Glass, including Windscreen, Windows, Mirrors and Rear Windows caused by impacts from road debris whilst driving.
7. Damage caused by an impact or collision with any wildlife, that You could reasonably be able to avoid.
8. Damage caused by impact to car park security doors, pillars, posts or bollards, tree’s, 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.
9. By Your failure to observe any warning indicators that may appear in the Vehicle. If you are unsure as to that a warning indicator is telling You to do, You must contact Us as soon as possible for advice on further action.
10. Damage or mechanical failure caused because of any unauthorised towing, attaching any equipment or vehicle modifications
11. In relation to commercial vehicles, by incorrect use or failure to use AdBlue, or by filling the Vehicles AdBlue tank with any alternative product
12. Damage due to hail or lightning or other natural disasters
13. Damage or loss of the Vehicle occurring while the Vehicle was being transported by ferry or ship

There is also no Damage Cover for

13.2 Loss of or damage to any property: being transported in the vehicle during hire left in the vehicle after its return or 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.

13.3 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

13.4 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 You, any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside, any relative, friend or associate of an Authorised Driver, Your employees. Unless We or Our Employee acting in the course of their employment is negligent or fraudulent.

13.5 Additionally, whether or not You have purchased ADERC you are fully responsible for all Damage Costs and You must pay and We will charge for all our Damage Costs where the Accident Damage Excess (ADE) has not been paid in full within 7 days of the vehicle damage assessment has been carried out.

14. TERMINATION OF THE RENTAL

14.1 We may terminate the Rental Agreement in the event of:

1. A breach of the Rental Agreement that causes Damage or loss of or theft of the Vehicle or that has put the Vehicle at immediate threat of loss or Damage
2. A reckless breach of road or traffic legislation
3. A breach of section 4 of these terms and conditions, where we cannot establish the Identity of the Hirer to Our satisfaction
4. The Vehicle being involved in a major accident or where there has been major damage or where the Vehicle has been tampered with or modified
5. The vehicle is being used for a prohibited purpose or in a prohibited area as outlined in sections 5 and 6 of these terms and conditions.
6. Where We believe after reasonable attempts to contact the Hirer, You haven’t provided credit card facilities or other approved payment options to cover the cost of your Hire.

14.2 If the rental is terminated as described in clause 14.1

1. The rental period shall be at an end, and You must immediately return the Vehicle
2. We may take immediate possession of the Vehicle and for this purpose You give Us permission to access and enter Your premises to repossess the Vehicle without using unreasonable force or causing unreasonable damage.
3. You must pay and We may charge You all amounts due under the Rental Agreement including all amounts charged to your Hire Account, charges and interest related to overdue payments
4. The rental agreement and all Our right under the Rental Agreement shall otherwise remain in full force and effect.

15. PRIVACY

15.1 We are committed to complying with the Australian Privacy Principles. Our Privacy Policy (located at www.gowiththegecko.com.au/privacy-policy) sets out how and for what purpose We collect, use store and disclose personal information.

15.2 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.

15.3 By entering into the Rental Agreement or by calling Us and entering into a verbal agreement over the phone, and by providing Us personal information, You and each Additional Driver represent and We proceed on the basis that You and the Additional Driver have read and agree to the terms of Our Privacy Policy and consent to Your personal information being disclosed for the purpose and in the manner described in the Privacy Policy.

15.4 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.

16. OUR LIABILITY

16.1 Unless otherwise expressly stated, to the extent permitted by law, Our liability in connection with this Rental Agreement and any law (including in relation to breach of any consumer warranty) is limited at Our option to the replacement, repair or re-supply of the Vehicle for the remainder of the Rental Period or reimbursement of Your Rental Charges.

16.2 Unless we are negligent or required by law, We will not be responsible for any loss (including the loss of profits) damage, costs or expenses which You or an Authorised Driver incur, or death or personal injury to You or any other person as a result of Your rental of the Vehicle.

16.3 We are only responsible for any direct loss that You suffer because of Our breach of the Rental Agreement. We are not responsible for missed flights, disrupted travel or holiday plans, loss of enjoyment or opportunity, indirect or consequential loss.

16.4 in accordance with clause 13.2 We are not responsible for any of Your property left in the Vehicle or damaged during Your rental.

17. DISPUTE RESOLUTION

17.1 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.

17.2 The first step is to contact Us at:

Post: PO Box 323, Panania NSW 2213

Email: admin@gowiththegecko.com.au

Telephone:1300 826 883

17.3 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.