Prompt and Fair Resolution of Complaints

92. If something goes wrong, or you are not satisfied with any aspect of our Car Rental Services, you will have access to our internal dispute resolution processes. If we can’t address your concerns to your satisfaction, you can make a complaint to the Australian Car Rental Conciliation Service, which is a free service for customers that aims to make sure we settle the complaint reasonably and fairly for all.

Internal dispute resolution

93. We will have an internal process for handling complaints from our customers. We are committed to responding to complaints and disputes in a way that is:

a. prompt, efficient and transparent;

b. consistent with the law; and

c. fair in all the circumstances.

94. We will have regard to relevant industry standards and guidance issued by the ASIC and the ACCC in the design and implementation of our internal complaints handling procedures.

95. We will work to resolve your complaint as quickly as possible, including “on the spot” if we can.

96. We will acknowledge all complaints within one business day or as soon as practicable.

97. We will provide you with a written response within 30 calendar days of receiving the complaint that will include:

a. the outcome of our investigation of your complaint;

b. your right to take your complaint to the Australian Car Rental Conciliation Service (CRCS) if you are not satisfied with our response, and

c. the CRCS contact details.

98. There may be some circumstances where (unless otherwise required to do so) we will not provide a written response to you because we have either:

a. resolved the complaint to your satisfaction within 5 business days; or

b. given you an appropriate explanation and/or apology and there are no further actions we can take to reasonably address the complaint.

99. We will only be able to deal effectively with your complaint if you continue to communicate with us and respond to our reasonable requests for information while we are considering the complaint.

Australian Car Rental Conciliation Service

100. If we are not able to resolve your concerns to your satisfaction, you can make a complaint to the Australian Car Rental Conciliation Service (CRCS).

101. The CRCS provides a conciliation service at no cost to you where:

a. you have raised a concern or dispute with us about whether charges related to a rental contract that occurred in Australia were correctly applied by us;

b. the dispute has been considered and decided under our internal dispute resolution process; and

c. you are not satisfied with the outcome of our internal dispute resolution process.

102. The CRCS can consider your complaint when:

a. it relates to an AFIA Member who is a signatory to this Code and has an obligation to adhere to the standards set out in this Code (ie. us);

b. your complaint is about whether charges related to a rental contract that occurred in Australia were correctly applied by us;

c. your complaint relates to a vehicle rented using a driver’s licence issued by a relevant Australian State or Territory Government authority, or the international equivalent where you do not hold a driver’s licence issued by an Australian State or Territory Government authority; and

d. you have fully exhausted our internal dispute resolution process and received our final decision.

103. The CRCS cannot consider a complaint in any of the following circumstances:

a. your complaint relates to a car rental company that is not a Code Member;

b. your complaint is the subject of Court proceedings that have already commenced;

c. your complaint is based on substantially the same events and facts as a previous complaint by you to the CRCS, unless there is material new information;

d. the rental occurred outside Australia;

e. your complaint relates to a personal injury matter;

f. your complaint is about the method or cost of repairs to a vehicle;

g. the complaint is made by a third party who does not have authority to act on your behalf;

h. your complaint is deemed to be frivolous or vexatious; or

i. the CRCS identifies a more appropriate forum to deal with the complaint.

104. When the CRCS considers your complaint it will:

a. aim to acknowledge your complaint within 3 business days of receiving it;

b. provide the details of your complaint to us;

c. ask us to provide information and documents that are relevant to your complaint;

d. if appropriate, ask us to investigate or make additional inquiries related to your complaint and report back to the CRCS;

e. conciliate the complaint based on the written material provided by you and us; and

f. aim to finalise the review of the complaint within 30 calendar days of receiving all the relevant information from you.

105. Notification of the outcome and the decision of the CRCS will be provided in writing to you and to us. If your complaint is not upheld, you will be given the reasons why.

Outcomes the CRCS can provide to you

106. If your complaint is upheld, the CRCS will look to ensure that any charges incorrectly raised by us are refunded to you in full. The CRCS can only consider whether a charge was correctly raised by us, and not the quantum of the amount charged.

107. The CRCS cannot award you any form of compensation payment.

108. There is no further review or appeal process available to you through the CRCS once a decision is made. Using the CRCS does not affect your statutory rights, and you are free to seek other consumer remedies, including under Consumer Protection Laws and other applicable laws, and legal remedies through the courts.