RACV Car Share
Terms and Conditions
Last Updated: August 2018
The Royal Automobile Club of Victoria (RACV) Ltd ABN 44 004 060 866 trading as RACV Car Share (us, we, our or RACV) provides users (user, you or your) with access to RACV Car Share (the Service). The Service allows you to access cars on an hourly or daily basis from locations across Melbourne and the inner suburbs through the RACV Car Share mobile app (currently iPhone and Android) (the App).
These terms and conditions govern your use of the Service (Terms). By using the Service, you agree to be bound by these Terms and to receive notice of any changes to them through the posting of notice of such changes on the RACV Car Share website: www.racvcarshare.com.au (the Website). Your continued use of the Service after any changed Terms are notified will be deemed to indicate your acceptance to those revised Terms.
Further information on how the Service operates can be found on the Website or you can contact us directly by phone: 1300 729 047, by email: firstname.lastname@example.org or by post:
RACV Car Share
Level 7, 485 Bourke Street, Melbourne
Victoria, 3000, AUSTRALIA
1. Accessing the Service
1.1 To access the Service, you must:
(a) be over 18 years of age;
(b) complete the application form on the Website or via the App;
(c) have a current driver’s licence, valid for driving a car in Australia;
(d) advise us immediately in writing if the circumstances of your driver’s licence change;
(e) provide a valid email address and mobile phone number and inform us if these details change;
(f) authorise us to conduct an online identity verification service check of the contact information, credit/debit details, insurance history and driving record that you provide.
(g) acknowledge and agree that we may engage third party service suppliers to perform all such checks on our behalf, and that we may share any information you provide to us with those third parties for this purpose;
(h) verify that you have not had more than two at fault accidents in the previous three years;
(i) warrant that you are not affected by any medical condition which might impair your ability to control a RACV Car Share vehicle (Vehicle). You agree that RACV will continue to rely upon this assertion as evidence of your fitness to access the Service.
1.2 Once we have authenticated the details you have provided and approved your application you will be given access to the Service.
1.3 RACV reserves the right to:
(a) refuse your application for to access the Service at our discretion;
(b) conduct periodic checks while you remain a user to ensure that your driver’s licence remains valid;
(c) suspend or terminate your access to the Service at any time in our sole discretion if you are in breach of these Terms.
2. Your obligations
2.1 The rental period commences when you unlock the Vehicle using the App or at the start time of your booking, whichever occurs first and ends when you lock the Vehicle using the App (Rental Period).
2.2 The maximum Rental Period is four (4) consecutive days (Maximum Rental Period). If you use the Service for the Maximum Rental Period, you will not be able to use the Service again until 24-hours have passed from the end of the Maximum Rental Period.
2.3 This agreement is personal to the you and you take full responsibility for the exercise of the obligations herein. You shall not expressly or by implication assign any or all of the rights and obligations under this agreement and you agree to be responsible for the control of the Vehicle at all times during the Rental Period and will not allow any other person to control the Vehicle.
2.4 Before using the Service, you must complete an inspection of the Vehicle to determine whether there is any pre-existing damage to the Vehicle and report any damage to RACV.
2.5 When using the Service, you must:
(a) drive the Vehicle in a safe and responsible manner in accordance with the Road Rules currently in force in the State in which the Vehicle is being driven and any other relevant legislation;
(b) comply with all requirements, policies, procedures and directions of RACV from time to time in respect of the use of the vehicle;
(c) be responsible for the supply of any child restraint equipment required under Road Rules in force in the State in which the Vehicle is being driven and other legislation, together with the fitting of any child restraint equipment required;
(d) not misuse the Vehicle or behave inappropriately when using the Vehicle;
(e) not, by any act or omission, damage or allow or suffer to be damaged the Vehicle or any third-party property (including any vehicle owned by a third party);
(f) not be affected by drugs or alcohol whilst in control of the Vehicle;
(g) report any damage to the Vehicle and/or its components, as a result of accident or collision, as soon as possible after such damage occurs.
2.6 When using the Service, you must not:
(a) add or attach any equipment or device to the Vehicle other those pre-approved by RACV Car Share such as child seats and baby capsules;
(b) use the Vehicle on any unsealed road;
(c) use the Vehicle for hire or reward, including the carrying of passengers for remuneration.
2.7 At the end of the rental period, you must return the Vehicle to the designated RACV Car Share bay in a reasonably clean condition. Failure to do so will result in the additional charges outlined in Schedule 1.
3.1 To be covered by third-party insurance while using the Service you must comply with these Terms at all times.
3.2 You will not be covered:
(a) if the loss, damage to or theft of the vehicle is caused by you intentionally or by your negligence;
(b) for the theft of personal belongings; or
(c) for personal injury.
3.3 RACV will:
(a) deduct the excess payable as outlined in Schedule 2 from the payment method you have provided immediately following an incident resulting in an insurance claim; and
(b) within a reasonable time after all costs have been fully quantified and any recoveries received:
(i) refund the amount deducted under clause 3.3(a) in full if you are found to be not at fault; or
(ii) refund the difference if the actual costs of or associated with the damage or loss (after crediting any recovery from third parties who may have been at fault) is less than the amount deducted under clause 3.3(a).
4. Fees and Charges
4.1 When using the Service:
(a) you must provide us with your debit or credit card details and ensure these details are accurate and up to date;
(b) you will be charged the rates advertised on the Website at the time of booking and any additional charges incurred in accordance with Schedule 1;
(c) you must meet the cost of any traffic infringement and/or lawful charges and fees incurred during the hire period and agree to pay all fines, tolls, fees, and charges imposed as a result thereof in accordance with Schedule 1;
(d) there is a minimum charge of one hour’s fees;
(e) you may cancel your booking without charge if you cancel at least 6 hours before the booking commences;
(f) if you cancel less than 6 hours before the booking commences you will be charged fees for whichever is less of the full booking period or ten hours;
(g) if you return the Vehicle late without informing RACV at least 15 minutes prior to the end of your booking, you agree to pay:
(i) the minor uninformed late return fee if the Vehicle is returned up to 3 hours after the end of your booking;
(ii) the major uninformed late return fee if the Vehicle is returned more than 3 hours, but less than 6 hours after the end of your booking; or
(iii) the excessive uninformed late return fee if the Vehicle is returned more than 6 hours after the end of your booking or not returned at all.
(h) If the Vehicle breaks down during the Rental Period, RACV will arrange a one-way alternative transport option (such as Uber or Taxi) to the value of $50 in Metropolitan Melbourne or $100 in Regional Victoria. If the trip exceeds this price, you will be required to pay the difference.
4.2 RACV will:
(a) deduct a pre-authorisation amount of $200 from the payment method you have provided at time of sign-up. If the pre-authorisation is not successful, your application will not be approved;
(b) deduct a pre-authorisation amount of $200 from the payment method you have provided up to 48 hours before you use the Service, or immediately if your rental commences within 48 hours. If the pre-authorisation is not successful, your booking will be cancelled;
(c) deduct all fees and charges that you incur while using the Service from the payment method you have provided;
(d) not be liable for any fees or charges you may incur as a result of using payment method you have provided;
(e) suspend or terminate your use of the Service if the payment method you have provided is not valid.
5. Warranties and Indemnities
5.1 RACV makes no representation in relation to and does not warrant that the Service or the App will be available to you;
5.2 You use the Service at your own risk;
5.3 RACV accepts no responsibility for any personal property (including money or other valuables) left in the vehicle at any time;
5.4 You use the Service at your own risk and forever release, discharge, indemnify and hold harmless RACV and its directors, officers, employees, servants or agents from any and all loss, damage, expenses, claims, demands, actions and causes whatsoever arising from your actions or omissions, and/or any other persons associated with you, during use of the Service under these Terms, and in all activities in connection therewith, due to any cause (including the breach of these Terms).
6.1 Collection, use and disclosure of any personal information that you provide to us will be governed by RACV’s Privacy Charter. A copy of the Privacy Charter can be viewed at www.racv.com.au/privacy
6.2 By applying for and accessing the Service, you agree that:
(a) from time to time RACV may send you marketing material by mail, phone, SMS or email about products and services we think you may be interested in. If you don’t want to receive this information, you can opt out at any time. If you have previously opted out of these marketing communications, we will continue to respect your preferences. (For further information on communications we might send you and opting out of these, see RACV’s Privacy Charter; and
(b) we can track the location of the car via GPS for security purposes.
7.1 You acknowledge that this agreement is legally binding and governed by the laws of Victoria. You unconditionally submit to the jurisdiction of the courts of Victoria, Australia to settle any dispute.
7.2 This agreement may not be modified, varied, amended or added to by you; any attempt to do so shall render the agreement null and void.
Schedule 1 – Additional Charges
|Pre-authorisation at sign up
|Pre-authorisation for each booking
|Minor uninformed late return fee*
||$40 + $12.50 per hour overdue
|Major uninformed late return fee^
|$75 + $12.50 per hour overdue
|Excessive uninformed late return fee†
|$125 + $12.50 per hour overdue
|Informed late return
|$12.50 per hour of extended booking + $5 admin fee
|Booking through the Customer Care Centre (system issues excluded)
|Return with less than ¼ tank petrol
|Vehicle not in a clean state
|Smoking in the vehicle
|Pets in the vehicle (excluding guide dogs)
|Vehicle left unlocked
|Vehicle parked in incorrect parking space (without notifying RACV Car Share)
|Booking cancelled less than 6 hours before
|Fees for whichever is less of the full booking period or ten hours
|Road and Traffic Violations and any other applicable fines
|Cost of fine plus $25 admin fee
|Lost fuel card
|Lost Parking Ticket
|Fee for processing toll charges
|$0.75 per rental (per day)
|Infringement administration fee
|Penalty for a payment failure
*Any vehicle that exceed its booking end time between 1 – 3 hours and does not notify RACV Car Share.
^Any vehicle that exceeds its booking end time by more than 3 hours, but less than 6 hours and does not notify RACV Car Share.
† Any vehicle that exceeds its booking end time by more than 6 hours or not returned at all and does not notify RACV Car Share.
Schedule 2 – Insurance Excess
|Category of user
|Driver 21 years or older who has held a valid Australian driver’s licence for the past three years
Driver 21 years or older who has:
a) held a valid Australian driver’s licence for less than three years; or
b) a valid overseas driver’s licence.
|Young driver (under 21 years)