Kool Car Hire
Terms and Conditions
These Terms and Conditions apply to the use of the Kool Car Hire directory available on the website found at stagingkchjune26.koolcarhire.com.au and to all products and services which may be booked or accessed via this website. In addition, the Privacy Policy applies to your use of the website.
1. Scope of Agreement and Platform Directory Model
(a) These Terms and Conditions apply to all users, visitors, private vehicle enthusiasts, commercial transport businesses, and booking clients (collectively referred to as “Users”) accessing or using the Kool Car Hire directory platform, available via stagingkchjune26.koolcarhire.com.au (the “Website”).
(b) By browsing the Website, listing a vehicle, or submitting a communication inquiry, you agree to be legally bound by these Terms and Conditions.
(c) Marketplace Disclaimer: Kool Car Hire is strictly an online marketplace directory and lead-qualification platform. We do not own, operate, manage, rent, lease, or maintain any of the vehicles listed on the Website. All listed vehicles are the sole property of independent individuals or commercial business operators (collectively, “Vehicle Owners”). Kool Car Hire introduces clients to independent vehicle owners. Vehicle owners are independent suppliers. The Hire agreement is directly between client and vehicle owners.
2. Platform Security fees, Payments, and Listing Fees
(a) Listing Prices: We reserve the right to modify subscription or individual listing fees for Vehicle Owners from time to time. Any price adjustments will apply to future billing cycles or new listings, and notice will be provided on our website. Additional travel fees may apply for events outside of owner’s local area. If required this will be advised by the Car Owner to the hirer.
(b) Goods and Services Tax (GST): Where applicable, all prices advertised on the platform are inclusive of Australian Goods and Services Tax (GST) in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(c) The Platform reservation fee: To filter out casual inquiries and protect the scheduling security of our Vehicle Owners, Clients are required to pay a non-refundable platform reservation fee directly to Kool Car Hire to unlock direct messaging and provide their contact details to vehicle owner to contact the hirer to confirm booking details. This fee will not be charged if the vehicle owner declines their booking request, however if booking is accepted it will be deducted from the total sales value of booking by the vehicle owner.
A $99 fee is payable to reserve a booking enquiry and secure the customer’s introduction to the vehicle owner through the platform. Unless required under the Australian Consumer Law, the $99 fee is non-refundable.
The $99 is a platform service fee for:
- listing access,
- booking administration,
- reservation processing,
- and introduction services provided by Kool Car Hire will be deducted from the total value of the booking by the vehicle owner
Any remaining balance owing for the booking is payable directly to the vehicle owner under the owner’s own payment terms and conditions. Kool Car Hire does not collect, hold, process, or administer the remaining booking balance.
(d) Payment Processing Fees: Any transaction, processing, or credit card fees applied to recover costs incurred by us for payment processing will be clearly disclosed to the User transparently prior to processing payment checkout, preventing hidden transaction fees.
3. Rescheduling, Refunds, and Contractual Relationships
(a) Independent Contracting: The final fulfillment of any automotive experience (including chauffeuring, weddings, film shoots, or formals etc) is governed exclusively by a separate, independent agreement entered directly between the Hirer and the Vehicle Owner. Kool Car Hire is not a party to that agreement.
The vehicle owner is solely responsible for:
- supplying the vehicle,
- confirming bookings,
- vehicle condition and legality,
- insurance obligations,
fulfilment of the booking, - deducting the $99 platform fee paid by the client off the total value of the booking,
- and collection of any remaining balance payable.
(b) Customer Change of Mind: If the customer cancels or changes their mind after payment of the $99 platform fee, the fee will not be refunded.
Refunds Required by Law
Nothing in these Terms excludes, restricts, or modifies any rights or remedies the customer may have under the Australian Consumer Law.
Refunds may be provided where required by law, including where:
- the platform services were not supplied,
- the listing was materially misleading,
- or the booking could not reasonably proceed due to fault attributable to Kool Car Hire.
(c) Fulfillment Disagreements: Any disputes regarding payment balances, rescheduling due to adverse weather conditions, or vehicle performance are the sole operational responsibility of the respective Hirer and Vehicle Owner. Hirers must handle balance settlements and operational disputes directly with the vehicle operator.
(d) Vehicle Owner Responsibility: The vehicle owner is solely responsible for fulfilling the booking and resolving any disputes relating to:
- vehicle availability,
cancellations, - vehicle condition,
- performance of services,
- or refunds of amounts paid directly to the vehicle owner including the platform fee of $99 paid by the client to KCH
4. Statutory Consumer Rights and Guarantees
(a) No Exclusion of Law: Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, statutory right, or legal remedy that cannot be lawfully excluded under the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) If Kool Car Hire fails to meet a statutory consumer guarantee under the ACL (such as providing directory platform services with due care and skill), you possess non-excludable remedies under the law.
5. Limitation of Liability and Indemnity
(a) Platform Limitation: To the maximum extent permitted under the Australian Consumer Law, Kool Car Hire makes no warranties or representations regarding the mechanical condition, roadworthiness, licensing validity, or insurance coverage of any vehicle listed by independent Vehicle Owners on our platform.
To the maximum extent permitted by law, Kool Car Hire is not liable for:
- acts or omissions of vehicle owners,
- cancelled bookings,
- vehicle defects,
- failure of a vehicle owner to perform services,
- or disputes between customers and vehicle owners.
(b) Assumption of Event Risk: All passengers participating in automotive experiences coordinate entirely at their own risk. Except where liability cannot be excluded due to non-excludable statutory rights under the ACL, Kool Car Hire holds no responsibility for personal injury, property damage, or financial losses incurred during an event booking arranged via our directory.
(c) Our total liability for any breach of an implied statutory guarantee which cannot be legally excluded is limited strictly, at our sole option, to either supplying our directory services again or refunding the cost of the platform fees paid to us.
6. Information Security and Incident Responses
(a) While we employ robust, industry-standard digital security practices to protect our marketplace ecosystem, no digital transmission across the internet is entirely free from interceptive risk.
(b) In the event of an unexpected data security incident or unauthorized access, we will promptly initiate a comprehensive internal investigation.
(c) Where a data breach is determined to create a risk of serious harm, we will systematically notify all affected Users and the relevant regulators in strict compliance with the Notifiable Data Breaches (NDB) scheme under the Privacy Act 1988 (Cth).
7. Platform Communications and Marketing Consent
(a) By creating a user profile or submitting a vehicle listing on our Website, you authorize Kool Car Hire to send you operational updates, transactional notices, and marketing communications.
(b) You retain an absolute right to opt out of promotional material at any time by exercising the “unsubscribe” option located inside our email correspondences.
8. Material Variations and Amendments
(a) Kool Car Hire reserves the right to modify or amend these Terms and Conditions.
(b) If we introduce material amendments that affect your financial obligations or platform rights, we will provide you with reasonable notice (minimum 14 days) via email or through a prominent notice on our website homepage before the revised terms come into effect. Continued use of our directory platform following the notification period indicates your acceptance of the revised Terms.
9. Definitions
Unless the context requires otherwise, the following legal definitions apply to these Terms and Conditions:
- “We”, “us”, or “our” means Kool Car Hire.
- “Australian Consumer Law” means the statutory consumer guarantees and provisions contained within Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- “Vehicle Owner” means any independent private car enthusiast, collector, or commercial enterprise listing a vehicle on the platform directory.
- “Hirer” or “Client” means any individual or entity inquiring about or booking a vehicle via the directory.
- “Website” means the digital domains located at stagingkchjune26.koolcarhire.com.au and its associated subdomains.