BargainWheels Terms and Conditions
Welcome to our car rental comparison, information, and booking service!
These are our terms and conditions for use of our service (“Terms”), which you may access in several ways, including but not limited to the World Wide Web via bargainwheels.com.au, and mobile phone, including via one of our apps.
In these Terms, when we say “Bargain Wheels Site”, we mean the digital car rental comparison, information and booking service operated by or on behalf Vroom Vroom Vroom Pty Ltd, or its parent company, subsidiary and affiliates (collectively “Vroom”), regardless of how you access the service, as well as any Vroom apps whether you access those via a Bargain Wheels Site or third party site.
Please read these Terms carefully.
- What We Offer You
We offer you use of the Bargain Wheels Site, so that you may compare car rental prices, and book a rental car with different suppliers and in different countries around the world.
By booking a rental car through a Bargain Wheels Site, or acquiring associated products and services, you enter into a contractual relationship with the third party with which you make a reservation or purchase a product or service (“Third Party Provider”). From the point at which you make your booking, we act as an intermediary between you and the Third Party Provider, transmitting details of your reservation to the Third Party Provider and sending you a confirmation email for and on behalf of the Third Party Provider.
When you use the Bargain Wheels Site, you will also be interacting with websites, products and services that are made available by Third Party Providers. You agree and acknowledge that we do not control, vet or curate Third Party Provider websites or content, and that Third Party Provider websites or content do not form part of the Bargain Wheels Site. We do not endorse any of the Third Party Providers whose products or services are displayed on or via the Bargain Wheels Site.
The commercial relationships Vroom has with Third Party Providers, including the payment of remuneration, the type of remuneration paid, the basis on which commission is paid and the variance in commission per sale, does not affect the display of car hire search results on the Bargain Wheels Site. Vroom receives a commission from Third Party Providers for each product or service purchased through a Bargain Wheels Site.
We do not warrant or represent that the information or representations displayed on or via the Bargain Wheels Site by a Third Party Provider, including without limitation:
- fitness or suitability of any product or service advertised;
- booking and/or vehicle availability;
- vehicle features;
- vehicle make and model; or
- vehicle insurance,
(together, “Booking Information”) is accurate, complete, relevant or up-to-date.
While we endeavor to display the correct Booking Information, you acknowledge and agree that Booking Information is controlled and provided solely by Third Party Providers, and we do not and cannot verify its accuracy or completeness.
You acknowledge and agree that our and Third Party Provider systems are not free of faults, and Bargain Wheels Site downtime may occur. Bargain Wheels Sites may become unavailable due to planned or unplanned maintenance or circumstances beyond our control, including without limitation acts of third party telecommunications service suppliers or acts of God.
Subject to the Non-excludable conditions set out in clause 7 below, we do not warrant that the Bargain Wheels Sites will function correctly or at all, be operational and/or free of interruption, delays or faults. For the avoidance of doubt and without limitation you will not be entitled to a refund as a result of any service outages that are caused by maintenance on the servers or the technology.
- Your Dealings with Us and Third Party Providers
You warrant that: you will not use the Bargain Wheels Site for any unlawful or prohibited purpose; you will only use the Bargain Wheels Site to make legitimate bookings for you, or for another person for whom you are legally authorized to act; and you have informed all relevant persons about these Terms that apply to the bookings you make on their behalf.
You understand and accept that you must be at least 21 years of age and hold a full Australian drivers license to make a rental car booking in Australia, or otherwise you must be of the minimum permitted age and meet the minimum license requirements to make a rental car booking in the jurisdiction to which the rental car booking relates (“Eligibility Requirements”). If you do not meet the relevant Eligibility Requirements you accept that:
- your rental car booking may be invalid; or
- the Third Party Provider may charge you additional fees when you collect the vehicle.
When you use the Bargain Wheels Site, we, or a Third Party Provider may ask you to provide certain information that will assist us, or a Third Party Provider, to fulfill your booking or otherwise provide you with services (“Your Information”). By providing Your Information to us or a Third Party Provider via the Bargain Wheels Site, you represent and warrant that Your Information:
- is accurate, complete and up-to-date; and
- is not misleading or deceptive, or capable of misleading or deceiving.
When you make a booking via the Bargain Wheels Site, the Third Party Provider will require you to agree to their terms and conditions before making a booking. Upon acceptance, those terms and conditions will govern your dealings with the Third Party Provider.
Unless otherwise agreed or permitted by us in writing, you cannot share or transfer any benefits you receive from the Bargain Wheels Site. Any booking you make with a Third Party Provider via the Bargain Wheels Site cannot be transferred or assigned in any way, unless the transfer or assignment has been agreed with the Third Party Provider.
- Intellectual Property and Restrictions
You acknowledge that we own, or are licensed to use, all intellectual property rights in the Bargain Wheels Site and nothing in these Terms gives you any rights, title or interest in the Bargain Wheels Site.
You may link to our Blog and Rental Information articles or other informative material published on the Bargain Wheels Site provided that you attribute ownership to Vroom or the owner. Otherwise, you must not modify, publish, communicate to the public, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Bargain Wheels Site in whole or in part.
You must not decompile, reverse-engineer, disassemble, attempt to derive the source code of any software or security components of the Bargain Wheels Site, except as permitted by non-excludable law.
- Reviews and Comments
We appreciate hearing from you and welcome your reviews, comments and feedback.
When you submit content to the Bargain Wheels Site, including a review, comment, photograph, suggestion, idea, and whether the content is given by email or submitted via an interactive area on the Bargain Wheels Site (“Submission”), you grant Vroom a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display the Submission throughout the world in any media for any purpose; and (b) use the name that you submit in connection with the Submission. You acknowledge that Vroom may choose to provide attribution of your comments or reviews at our discretion. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Vroom reserves the right to adjust, refuse or remove Submissions at our sole discretion.
We may terminate or suspend your right to use and interact with the Bargain Wheels Site at any time in our sole discretion.
You may terminate your participation with the Bargain Wheels Site at any time for any reason. If you terminate your participation under this clause, you understand and accept that the information you have provided (including any personal information and Submissions) may still be available to us, or a Third Party Provider. Your termination of these Terms does not affect any agreement or relationship with a Third Party Provider.
Upon any termination or, at our discretion, suspension of all rights and licenses granted to you by us will cease immediately, including your right to use and access the Bargain Wheels Site.
For the purposes of this clause 7, “Non-excludable Condition” means an implied condition, warranty or guarantee the exclusion of which from a contract would contravene any statute (including the Competition and Consumer Act 2010 (Cth)) or cause any part of this Agreement to be void.
Except for any express warranty under these Terms or any Non-excludable Condition, we exclude any warranties express or implied by any legislation, the common law, or otherwise.
Except for liability in relation to breach of any Non-excludable Condition and liability under clause 8(e), our total liability to you in contract, including for one or more breaches of any express term or terms of these Terms (in aggregate), tort (including in negligence), statute, or otherwise, is to the extent permitted by law limited to AUD $50.
Our total liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
Except for liability in relation to breach of any Non-excludable Condition we exclude all liability to you for lost profits, lost revenue, lost savings, lost business, loss of opportunity and any consequential or indirect loss arising out of, or in connection with, the Bargain Wheels Site, and any claims by any third person, or these Terms, even if we knew that loss was possible or the loss was otherwise foreseeable.
To the extent permitted by applicable law, you agree to indemnify and hold harmless, us, our directors, officers, employees, independent contractors and agents from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, legal fees and court costs (collectively, “Losses”), arising from or related to your use of the Bargain Wheels Site, including but not limited to any of the following:
(a) your breach of any warranty in these Terms;
(b) any failure by you to inform yourself of the Eligibility Requirements prior to your booking;
(c) your violation of any third party right;
(d) our lawful disclosure of Your Information to a Third Party Provider, and any Third Party Provider’s lawful use of Your Information; or
(e) your breach of any agreement with a Third Party Provider.
This indemnity survives termination of these Terms.
- Governing Law
These Terms will be governed by and construed in accordance with the laws of Queensland, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland.
No delay or failure to take action under these Terms will constitute a waiver unless expressly waived in writing, signed by our duly authorised representative, and no single waiver will constitute a continuing or subsequent waiver.
We may subcontract or outsource the performance of any part of these Terms in our sole discretion.
If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter.
We reserve the right, at our discretion, to change these Terms at any time.
These Terms were last modified on the 10th of July 2017.