Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen

Terms of booking on this website 
The following terms relate to the booking service provided to you by the company defined below (“we”, “us”, “our”). The booking service includes this site, the software associated with the site and the facility to enter into transactions with certain parties whose content appears on the site.  You agree to these terms with us in respect of the booking service. We are not the supplier of rental or other travel related services booked using our service.  You separately agree to the terms and conditions under which a vehicle rental or other travel related service is supplied to you by your chosen third party travel provider (“Third Party Provider”).   

Information disclaimer
The rates on this website are often heavily discounted. On very rare occasions, a rate may be displayed incorrectly due to our, or a Third Party Provider’s error. In such a case, if you book with us at a quoted rate that is incorrect, we will notify you of any price change and give you the option to proceed with the booking at the correct price or cancel the booking. We make every effort to keep information on our site up to date, but we cannot guarantee this website is free of errors or omissions and retain the right to update or change the information when it has been published in error.

Liability
You may have certain rights or remedies in relation to the booking services we provide to you that cannot be excluded, restricted or modified under consumer protection laws applicable in the country in which you reside or where our booking services are provided to you. Nothing contained in these terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of an liability under any law, the exclusion, restriction or modification of which would contravene that law or cause any term of these Terms and Conditions to be void (Non-Excludable Obligations).  Non-Excludable Obligations include those arising under the laws specified in the table located at the end of these terms. 

Unless and to the extent it is a Non-Excludable Obligation, we exclude any liability (whether in contract, tort, or otherwise) for: (a)  direct loss or damage, except to the extent directly caused by our breach of these terms or our negligence; and (b) any indirect or consequential loss or damage, which (in either (a) or (b)) arises out of or in connection with our supply of the booking services to you or the supply of any goods or services by Third Party Providers to you.  

Your rental and use of a vehicle booked through our site will be governed by the terms of the rental agreement with the Third Party Provider. The rental agreement and any other documentation provided to you by the Third Party Provider is between you and the Third Party Provider. 

Except to the extent caused by our negligence or breach of these terms or it is a Non-Excludable Obligation, you agree to indemnify us from any claims, liabilities, damages, losses, and expenses, including, without limitation, our reasonable legal fees, brought by any third parties arising out of (a) your breach of these terms including any documents which supplement these terms or are included by reference in these terms; (b) your breach of any law or the rights of a third party;  (c) your misuse of our website; or (d) your misuse or negligent use of a vehicle booked through our site, including as a result of any accident, injury, illness, loss or damage of any kind arising in connection with your use of the vehicle subject to the booking. 

While we will make reasonable efforts to ensure we are representing only reputable Third Party Providers, unless and to the extent it is a Non-Excludable Obligation we make no warranty about the fitness, suitability or safety of any Third Party Provider product or service and are not responsible  for the quality, fitness or hygiene of (or presence of any virus in) any vehicle. If you encounter issues with the vehicle whilst on hire, you MUST report these issues directly to the relevant Third Party Provider at the earliest possible time. This will allow the Third Party Provider an opportunity to remedy any issues and minimise any inconvenience to you.  If you fail to report any vehicle issues during your rental, it is possible that compensation will not be offered. We welcome feedback from our customers on their experience with our Third Party Providers. We may, at our discretion, provide you with reasonable assistance in resolving any dispute you may have with a Third Party Provider.

We strongly recommend that you take out travel insurance. Your use of this website is governed by the laws of New Zealand and the jurisdiction of the New Zealand courts.

Booking process
To make a booking you must complete our booking form which is easy to follow and secured with the latest encryption technology. Once we receive your form, we will check availability and carry out any additional fraud checks we reasonably think are appropriate (which may involve us asking you to provide further information).  We may decline your booking at this stage. However, if we confirm your booking, we will email you a confirmation voucher and invoice. The deposit payment required to secure your vehicle (as shown on the secure booking page) will only be processed when your booking is confirmed. 

A booking is confirmed when you have been emailed a confirmation voucher and at this stage your initial payment is processed. If your initial payment is (a) for a deposit in respect of the booking; or (b) stated to be non-refundable or subject to cancellation fees on our site or in the Third Party Provider’s terms, it will become non-refundable or subject to such cancellation fees at this point, subject to any Non-Excludable Obligations. Upon receipt of your confirmation, please check your details carefully and notify us immediately if there are any incorrect details, as it may not be possible to make changes at a later date.

If you are booking via phone, please make sure you have read the terms and conditions of the vehicle you wish to rent first. Our reservations consultant will ask you if you have read the terms and agree to them before proceeding. The onus is always on the renter to ensure they make themselves fully aware of the terms displayed on our website.
You acknowledge and agree that we may receive a commission, revenue share, technology service provider fee or marketing fee from bookings and other transactions entered into by you using our booking service or website. 

Payments and currency 
For international bookings, we may display prices in a different currency (such as your home or other preferred currency) rather than the currency accepted by the Third Party Provider in the destination of your rental.  When we do this, we will convert the prices from the destination currency to the displayed currency at the exchange rate as determined from publicly available sources current at the time of your booking. Any part of the booking price that is payable after the date of booking will be converted by your bank or other payment method at the currency exchange rate current at the time of payment.  Because of currency exchange rate fluctuations, this may result in you being charged a different price from that originally quoted, so you should consider the displayed currency price a guide only.  By making a booking, you accept the risk of currency fluctuations between the date of your booking and the date of any later payments. 

Adding delegates to your booking
For some bookings, it may be possible to add a delegate who is authorised to act on your behalf and make changes to the booking.  A delegate must be at least 18 years old and will be able to cancel and change any aspect of your existing booking, including changes that may incur an additional charge. But you will still be the only one able to add or remove delegates. 
If you choose to add a delegate to your booking, you agree:

  • • to obtain the delegate’s permission before providing us their personal information; and
  • • to accept any changes made (and additional charges incurred) by your nominated delegate.

Insurance
Third-party insurers make certain types of vehicle rental travel insurance (“Insurance”) available to purchase through the site. Before you purchase any Insurance you must read and consider the product disclosure statement before making any decision to proceed. All insurance policies, descriptions, product disclosure statements and other materials made available via the site are produced and made available to you solely by the third-party insurer. 

If you purchase Insurance:

  • • you enter into a contract in respect of that Insurance directly with the third-party insurer;
  • • we do not act as an insurer or provide that Insurance to you; 
  • • unless and to the extent it is a Non-Excludable Obligation, we have no responsibility for and exclude all liability in relation to that Insurance, including in relation to any claims made by you under it;
  • • the calculation of a “day” under your insurance policy may differ from the calculation of a “day” in your vehicle booking. However, unless otherwise stated, the third party insurance provider will quote and provide you with sufficient insurance to cover the length of your vehicle booking. This may result in more days of insurance cover than vehicle booking; 
  • • we may receive a commission or other fee from the insurer in respect of any related Insurance policy you accept as a result of the referral from our site. 

Fraud checking
We may terminate your booking after it has been confirmed by notice to you in writing, in connection with any fraud investigation. This may include, but is not limited to where we have reasonable grounds to suspect fraud in connection with a booking or a payment method you have used for a booking or if you don’t respond to our requests for more information to enable us to confirm the legitimacy of your booking or payment method. 

Information disclosure
In booking on this website you agree that we may disclose your information to (i) your selected Third Party Provider in order for them to provide the requested rental services to you; and (ii) our third party insurance provider, for them to provide insurance to you (if you have selected to receive insurance from our third party insurance provider) or as otherwise set out below. 

If you make a booking on a version of our site operated by us under the brand of one of our marketing partners (“Marketing Partner Site”), we (that is, the company specified below) will still process your information in accordance with these terms.  However, if you opt in to receive marketing communications when booking on a Marketing Partner Site, we will disclose your contact details to the applicable marketing partner whose brand is shown on the site.  In these circumstances, the marketing partner will send you email or SMS communications in accordance with your consent, rather than us, and to opt out of future communications or to request that your information is updated or corrected, you will need to contact that marketing partner.  

Your selected Third Party Provider, third party insurance provider or marketing partner may not have equivalent privacy policies in place to us.

Amendments
Please note that some Third Party Providers treat an amendment as a new booking under their terms and apply the rate current at the time the amendment is made to recalculate the entire booking amount (not just the days changed). If the rental period is increased, the Third Party Provider may require the payment of an additional deposit. If the rental period is shortened which results in a reduction of the rental charges, the deposit amount (if any) will remain unchanged, and the difference between the original and revised deposit is forfeited (it cannot be used towards remaining rental charges). To request a change to a confirmed booking, please use the alterations request link on your confirmation. Any alterations are subject to availability and the approval of the Third Party Provider.

Vehicle Capacity and fitness to drive
Under no circumstances will a Third Party Provider permit you to carry more passengers than the vehicle you rent is legally registered to carry, and if you do your insurance may be invalidated under the relevant Third Party Provider's terms. The number of seatbelts (and passengers) is indicated next to each vehicle on this website. Luggage capacity where shown is an indication only and neither we nor the Third Party Provider will be responsible should you be unable to fit your entire luggage into a vehicle. It is your responsibility to choose a journey that is within your capabilities. A Third Party Provider can refuse to rent a vehicle to any person who is in their opinion unfit to drive or does not meet eligibility requirements, as per the Third Party Provider's terms. In such circumstances, unless and to the extent it is a Non-Excludable Obligation, we will have no further liability to you.

Refund and Cancellation Policy
We are committed to providing a quality service and aim for complete customer satisfaction. In the event of cancellation, any refunds, credits or cancellation charges that apply are detailed in the terms and conditions of the Third Party Provider of your selected vehicle. In the event you are unsatisfied with our booking service, please contact us within 48 hours of placing your booking or request and we will work to resolve any issues and determine if compensation may be due from a Third Party Provider. In the event you have completed your rental and are unhappy with your vehicle, we are happy to assist you in seeking compensation from the Third Party Provider, however we do not represent or guarantee that we will be successful.

Sometimes a booking may need to be cancelled because of circumstances beyond either party’s control. For example, a weather event, public health event (including epidemic/pandemic), medical emergencies, strike, terrorist act, governmental, regional or local authority restrictions (such as restrictions on movement due to the COVID-19 pandemic) or a change in law. If this occurs, your entitlement to a credit or refund will be as provided in your Third Party Provider’s terms and conditions, subject to any Non-Excludable Obligations that apply. 

You agree that you will raise and resolve any dispute over refunds or cancellations in respect of your booking (whether initiated by you, the Third Party Provider or by circumstances beyond the reasonable control of either party, including as a result of government travel restrictions, the COVID 19 pandemic or the insolvency of your Third Party Provider) directly with the Third Party Provider.  Once you have made payment for your booking, you must not seek to reverse or cancel such payment through your card issuer or its agents without our prior consent. 

Unless and to the extent it is a Non-Excludable Obligation to provide a refund or the liability is directly caused by our breach of these terms or our negligence, we shall only be liable to provide a refund to you (whether that cancellation is initiated by you, the Third Party Provider or due to circumstances beyond the reasonable control of either party, including as a result of government travel restrictions, the COVID 19 pandemic or the insolvency of your Third Party Provider) to the extent that we actually receive a refund from the relevant Third Party Provider. Where refunds are due to you from a Third Party Provider, we will use our best endeavours to assist you to in claiming such funds from that Third Party Provider.  In that situation, you authorise us to seek such refunds from the travel provider directly and on your behalf. Unless and to the extent it is a Non-Excludable Obligation to provide a refund, where a refund is applicable, the turnaround time from the date of your request for refund to the date you are provided with your refund will depend on the speed with which the Third Party Provider processes such refunds, which is beyond our control. 

We are not responsible to you for any failure or delay on the part of any Third Party Provider in providing travel products to you unless and to the extent it is a Non-Excludable Obligation.

BNPL Providers
Some customers may be able to purchase their booking via a Buy Now Pay Later provider, such as Afterpay ("BNPL Provider”). BNPL Providers are only available as a payment method to customers in certain countries and paying in certain currencies. If you do choose to purchase via a BNPL Provider you will be transferred to that BNPL Provider’s site to sign up/log into your account and your eligibility or otherwise to pay via this method will be determined solely by the BNPL Provider.  Your purchase will also be subject to the separate terms and conditions that apply between you and the BNPL Provider. 

A BNPL Provider may only be used up to the purchase limit specified in respect of that particular BNPL Provider.  This purchase limit is calculated before any voucher or coupon codes are applied but after any applicable payment processing fee is added. A BNPL Provider may only be used for fully pre-paid vehicles or vehicles for which you pay an initial deposit – it cannot be used for bookings where payment is only made at the rental counter on vehicle pick up.  If you choose to use a BNPL Provider then this will be saved as your default method of payment for your next purchase unless you notify us otherwise.  

If you have purchased your booking via a BNPL Provider (e.g. Afterpay) you will still be required to notify us to request a refund, however, you may receive the refund from the BNPL Provider directly. 

Payment Processing Fees
We may charge you a payment processing fee in relation to processing the payment for your booking.  Payment fees are charged by us in our own capacity (as merchant) and not as an agent for any other party. Payment fees cover a range of reasonable costs, services, fees and charges in relation to processing your payment, including fraud prevention and the costs charged to us by payment processing providers.  Payment fees are charged in addition to the cost of your selected vehicle. 

Travel Disruption Events
Please carefully review all government travel guidance and restrictions that apply to your intended trip (both for where you live and where you’re hoping to travel to), before making your booking.  Things such as health situations (e.g. pandemics, such as COVID-19), government restrictions, border closures, political unrest, political violence, terrorist attacks, war, flight cancellations, natural disasters (e.g. fires, volcanic activity, storms, flooding, earthquakes) or other events (Travel Disruption Events) can have a big impact on your travel plans. So if there is a flexible booking option available for your preferred dates and vehicle, you may want to consider choosing that option, even if it costs a little extra. If you do choose to go ahead and make a booking where you ought reasonably have been aware of any existing or anticipated Travel Disruption Events, you do so at your own risk and accept that you may be unable to travel as planned and liable for cancellation fees. Nothing in these terms limits, restricts or excludes your rights to any Non-Excludable Obligations.  

This website is owned and operated by GoSee Limited, a New Zealand company with a company number 8006028. GoSee Limited is the company that provides the booking service to you and that you are contracting with under these terms.  Depending on what payment method you choose to use, your payment may be collected by one of our other group companies specified below. 

Our Global HQ, financial centre and marketing office is based at Ground Floor, 1 Nelson street, Auckland 1010, New Zealand. Our Australian group company is GoSee Travel Pty Ltd an Australian company with an ACN 169 712 814 is based out of our parent company Webjet’s office at level 2 509 St Kilda Melbourne Vic 3004. Our European group company, GoSee Travel Limited is a UK company with a company number 10315693 is based out of our sister company Jac Travel Limited office at 8 Holmes Road, Kentish Town, London NW5 3AB.  

Non-Excludable Obligations

Australia The Australian Consumer Law (which is in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), contains certain Non-Excludable Obligations to which you are entitled when you acquire booking services from us as a 'consumer', as that term is defined under the Australian Consumer Law. 
New Zealand The Consumer Guarantees Act 1993 which if applicable to you contains certain Non-Excludable Obligations to which you are entitled when you acquire booking services from us as a ‘consumer’ as defined in the New Zealand Consumer Guarantees Act 1993. 
United Kingdom The Consumer Rights Act 2015, which if applicable to you may contain certain Non-Excludable Obligations to which you are entitled when you acquire booking services from us as a ‘Consumer’ as defined in the Consumer Rights Act 2015. 
European Union EU Directive 2011/83 and EU Directive (EU) 2019/771 together with any national laws implementing such directives (“EU Consumer Directives”), which if applicable to you, may contain certain Non-Excludable Obligations as defined in the EU Consumer Directives.

Terms last updated: 4 March 2024