Revised Sept 2024
Contracting Parties
These Prepaid Reservation Terms and Conditions (‘Terms and Conditions’) in conjunction with the details of your reservation as recorded in the email confirmation form the contract for the prepaid booking of a vehicle with Redspot (the ‘booking contract’). The contracting parties to the booking contract are Redspot Head Office Pty Ltd, (‘us’ or ‘we’) and ‘you’ the customer that has made the prepaid booking. Redspot Head Office Pty Ltd is an Australian owned company with headquarters at 7 Coleman Street Mascot, NSW 2020.
In case of complaints, comments, or questions, you may contact us by email at [email protected] or phone 1300 668 810 (+61 2 8303 2222).
Booking
The details of your prepaid booking are as set out in the email confirmation sent to the email address you provided at the time of booking and are incorporated by reference in this booking contract.
Cancellation and Cancellation Charges
You do not have a right of withdrawal from the booking under EU or Australian law; however, you may cancel your booking at any time for any reason by following the instructions on our website, whereas the amount of money we will refund you will vary as follows:
- You will receive a full refund of the total amount of the booking if you cancel your booking 3 days or more before your specified pick-up time.
- If you cancel your booking less than 3 days before your specified pick-up time, we will refund the total amount of the booking minus the lesser of:
- i) the total amount of the booking; and
- ii) AUD 80.
- If you do not cancel your booking but fail to show up at the rental counter (no show) or fail to comply with the pickup terms as described in these Terms and Conditions, we will refund the total amount of the booking minus the lesser of:
- i) the total amount of the booking, and
- ii) AUD 145.
The refund due to you will be made to the credit or debit card you used to make your booking.
We reserve the right to cancel a booking at any time upon notice for good cause, including but not limited to:
- event of Force Majeure affecting availability of vehicles.
- a serious violation of rental contract by you including failure to pay any balance due for rentals, harassment or other abusive behaviour towards employees or customers of Us, our affiliates, licensees, and franchisees;
- or your fraudulent activity.
For this purpose, a Force Majeure event means any circumstance whatsoever not within our reasonable control that materially and adversely affects our ability to perform our obligations under the booking contract, including, but not limited to:
- war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilisation;
- civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage, or piracy;
- currency and trade restriction, embargo, sanction;
- act of authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalisation;
- plague, epidemic, pandemic (including a government stay home or cease work order that disrupts Owner’s ability to operate the rental location), natural disaster or extreme natural event;
- explosion, fire, destruction of equipment, prolonged break down of transport, telecommunication, information system or energy;
- general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises; or
- social or political disruption. In the event of such cancellation, we will refund the booking charge.
Modification
When booking your vehicle please ensure the dates and times entered are correct. If your circumstances change and you require the vehicle on different dates/times, please modify your booking.
You may modify your reservation online at any time up until 2 hours before your specified pick-up time by following the instructions on our website. We do not charge a modification fee, but the new booking will be at prevailing market rates. You may cancel any optional liability protection or collision damage waiver product without incurring a cancellation fee.
Within the last 2 hours before picking up, you may not modify your booking.
Non-appearance, -late and early arrivals
For non-airport bookings – Your vehicle will be held for 2 hours after the specified pick-up time. After this time, we cannot guarantee that a vehicle will be available upon your arrival.
For airport bookings – If you have included a flight number with your booking, the vehicle will be held until the flight has landed and cleared. If a flight delay results in your arrival after the branch closing time, a staff member will wait for the flight to land and clear. If you have not included a flight number with your booking, we will hold the vehicle for a period of up to 2 hours after your specified pick-up time or until branch closing time, whichever is earlier.
If you arrive at the rental branch 1 day or more before the date shown on the booking, we may not have your selected vehicle available. The rental branch will honour your booking subject to the availability of the selected vehicle.
If you fail to collect your car on the specified pick-up date or if a vehicle was unavailable due to your late arrival as provided above, we will refund the total amount of the booking minus the lesser of:
i) the total amount of the booking, and
ii) AUD 145.
Unused Rental Days
Any unused rental days or options on prepaid bookings are non-refundable.
Rental Contract
The booking contract is a contract to ensure that the selected vehicle (or similar size and type of vehicle) is available to you for rental at the time and location specified in your booking subject to these Terms and Conditions. It is not a contract for vehicle rental services. The rental contract for the use of the vehicle during the rental period will be exclusively entered into at the time you pick up the vehicle at the relevant branch location and will be entered into by the relevant local Enterprise entity, will be subject to local standard terms and conditions in effect at the time and place of the rental, and will be subject to the law of the place of rental. Any changes you make to your reservation at the time and place of rental, including, but not limited to, upgrades, protections, and extras, as well as changes to pick up or drop off dates, times, or locations, may result in charges and fees in addition to those paid under this booking contract.
Minimum Age Requirements
To complete the booking process, you must provide your age to verify compliance with any minimum age requirements. Your booking includes any extra charges related to age restrictions for the rental location in your booking.
License and Document Requirements
All drivers must have a valid driver licence in effect at least one year (or more according to the renting country and the car category) prior to the rental start date and present it at the rental counter at the commencement of the rental. A valid major credit card, such as VISA, MasterCard, or American Express, must also be presented at time of rental. Please be advised that in some jurisdictions debit cards may not be accepted.
- Please be advised that we and our affiliate to whom we may require you to make payment are outside Australia and some credit card companies or financial institutions may charge you a fee to make a payment overseas.
- An address authentication check may be required at the time of rental.
- A deposit or preauthorization will be required at time of rental. The amount varies by country and/or vehicle type being rented. Please check the Key Rental Facts on the confirmation page.
Our Liability
- To the full extent permitted by law, the total extent of any liability we have to you for loss arising under or in connection with these Terms and Conditions in contract, tort (including negligence), under statute or otherwise will be limited to the price you paid for the prepaid vehicle booking.
- To the full extent permitted by law, we exclude all liability to you arising under or in connection with these Terms and Conditions in contract, tort (including negligence), under statute or otherwise for [list types of excluded loss], no matter how arising, even if either party has been advised in advance of the possibility of such loss or damage.
- Nothing in the Terms and Conditions will be interpreted so as to limit or exclude our liability to you:
- for death, or personal injury caused by a party’s negligence or the negligence of a party’s personnel;
- for fraud or fraudulent misrepresentation;
- grossly negligent behaviour; or
- for anything else for which the parties’ liability cannot be excluded or limited by law including under the Australian Consumer Law.
- Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) to which you cause or contribute to the loss or damage.
Force Majeure
Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if the delay is caused by a Force Majeure event or circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.
Assignment
You may not transfer your rights or your obligations under these Terms and Conditions. The booking contract is between us and you. No other person shall have any rights to enforce its terms.
Waiver
If we fail to insist that you perform any of your obligations under these Terms and Conditions or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we shall only do so in writing.
Governing Law and Jurisdiction/Alternative Dispute Resolution
This booking contract is governed by Australian law. You and we both agree that the courts of Australia will have non-exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with this booking contract. However, you may also bring proceedings in your home jurisdiction.
Filing
We will not keep a copy of the booking contract between us. You should save or print a copy of these Terms and Conditions for your records. You will receive an email confirmation of your booking.
Privacy Policy
You have read the terms of our Privacy Policy (available at https://www.redspot.com.au/privacy-policy/ and incorporated by reference in this Booking Contract) and by entering into this Booking Contract agree to our use, collection, and disclosure of your information as outlined in our Privacy Policy.
Severability
If any provision of this Booking Contract is held by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions herein will remain in full force and effect and will be liberally constructed to effectuate the purpose and intent of this Booking Contract.