Standards of Consumer Fairness

It is essential that any website shows the https prefix to the webpage address.

It is essential that any website which potentially requires or invites people to send personal data such as dates, places, names, phone numbers and email addresses, shows the https:// padlock prefix to the webpage address, shown at the top of each webpage.

Without “Https” protection, our advice is “do not interact with this website”.

Family Car Rentals Response:

We have held https:// certification on all of our webpages since 2015

How other Operators have Fared:

In 2018 the homepage certification level was only 43.3% of surveyed rental car operators.

Between 2018 and 2024, 25 of the 29 delinquent operators added the SSL/TLS Security to their website, four operators went out of business and five new ones entered the market.

The homepage certification level has now risen to 91%, with four operators still unsafe, but it is possible that some of the “safe” operators might not have certification on each and every webpage.

It is important for all domains to embrace the additional security provided by Domain Name System Security Extensions (DNSSEC).

It is also important for all domains to embrace the additional security provided by Domain Name System Security Extensions (DNSSEC) which helps to ensure that your intended website interaction has not been intercepted and that you are not going to a fake website.

Without DNSSEC Certification, our advice is “consider alternative suppliers”.

Family Car Rentals Response:

Whilst there is now 91% compliance with the https:// padlock security, there is currently a 94% failure of compliance in respect of DNSSEC. As at 20 May 2024, just us and two others could be confirmed as complying with the standard.

Examples of Failure:
We have certainty that three operators have complied with the Standard, and certainty that 44 have not yet obtained any certification. There is some ambiguity about the certification of another seven operators.

Payments for online transactions should not be managed by the Rental Car organisation unless they have Payment Card Industry Security Standards Council (PCI DSS) certification which is required to be visible on their website.

The protocols for certification are beyond the financial and technical capacity of most businesses, it is really a strong security requirement. The alternative is to have an Independent Payment Platform organisation acting as an intermediary. These organisations prevent customers’ full payment card details from being seen by anyone at the seller’s site or office and the Payment Platform’s PCI DSS certification will cover their online trading clients.

Without either PCI DSS Certification or an Independent Payment Platform, our advice is “consider alternative suppliers”.

Family Car Rentals Response:
We use pinpayments.com as our Payment Platform Provider, the only information that we get about payment cards is the cardholder’s name and the last four numbers of the card account. Pin Payments have full Certification with PCI DSS, which covers us.

How other Operators have Fared:
This is a relatively new protocol with a low pick up. Currently 85% of surveyed rental car operators cannot be confirmed to have met this Standard. Some operators may well be using an undisclosed Payment Platform Provider, but have not yet made it clear to their potential customers.

Disclosure of a Payment Platform Provider is a requirement binding on all businesses engaging in online financial transactions.

Additional Comments:

The PCIDSS protocol was developed to ensure that online payments for goods or services had sufficiently robust financial security systems to ensure protection for the card holder. Such systems are beyond the financial and technical capability of most small businesses.

Whilst it was designed for “Card Not Present” circumstances, it also strengthens the protection of any “Card Present” transactions, locking the payment card details into the Payment Platform Provider's more sophisticated security system.

Every business in Australia is required to provide their potential customers with the opportunity to be informed as to how they intend to protect the enquirer’s privacy, prior to the customer being asked to provide any personal details.

If they don’t have a comprehensive and compliant Privacy Policy published on their website, it should be treated as an alarm bell.

Family Car Rentals Response:
Prior to establishing our rental car business in 2001, we had a management consultancy business wherein we advised corporations on legislated issues such as the Privacy Act and the GST legislation. We have always been very aware of our obligations to protect the privacy of our customers and staff.

How other Operators have fared:
Every person who has ever telephoned a large company will hear the invitation to hear the organisation’s Privacy Policy. Two aspects are legislated – it must be made available to potential customers and it must comply with Australian Law.

It is extraordinary that 74% of the surveyed rental car operators have failed to meet this Standard. 40.7% made some attempt to provide a Privacy Policy Statement, but failed to meet the legal requirements of the Privacy Act. A full third of the surveyed rental car operators failed to provide anything mentioning “Privacy”.

Examples of Failure:
• Many operators (33.3%) had no detail of any kind about Privacy matters
• Some operators had Privacy Policy Statements which were relevant to overseas countries
• Some have a clause in the terms and conditions that they “value your privacy”
• Two operators referred to their Privacy Policy Statement by providing a link, but the links were broken
• One operater provided a Privacy Policy Statement which stated that it does not apply to franchisees or licencees

Consumers should be able to get complete and accurate online quotes without having to provide any personal details.

Provided you are satisfied with the website security and the rental company’s Privacy Policy, and if you are happy with the quote you obtained, you can safely proceed to supply the personal information required to turn your online quote into a booking application.

Family Car Rentals Response

Our quotes are complete, including Payment Card fees; ability to select from four different Liability Protection packages; up to four different payment plans; and ability to access critical information pages directly from the quote section.

How Other Surveyed Companies Fared:

Examples of Failure:

It is imperative that all information provided to consumers is easily found by the consumer, presented in a clear and complete manner.

There should be no conflict of information provided in different parts of a website (e.g. FAQs; Terms summaries; insurance summaries or complete contractual terms and conditions). 

Acronyms are of benefit to regular readers, not to occasional readers, so their use should be limited in documentation that is meant to be read by occasional readers.

Family Car Rentals Response
Our quotes are accurate and complete, including Payment Card fees; ability to select from four different Liability Protection packages; up to four different payment plans; and ability to access critical information pages directly from the quote section.

How Other Operators have Fared:
• Only 27% met the requirements of the Standard
• 73% failed to meet the Standard

Examples of Failure:
• “Contact our office” or “available at counter on arrival” 8.9%
• Conflict between Terms & Conditions and FAQs.15.6%
• “Available at some locations” 6.7%
• Complete lack of any detail 13.3%
• Ambiguity 17%
• “Vehicles NOT to be driven outside of the state of Queensland” yet operator's office is in South Tweed NSW
• “We do not require a Bond, but as you will be driving a vehicle with significant value, we do require this additional form of Security”

Information overviews are not a valid substitute for actual Rental Terms and Conditions being made available online prior to any booking commitment. Ideally consumers should be able to read the "friendly explanation" (often as FAQs) plus the actual terms of the contract that they will be asked to sign.

Rental company office locations should be clearly shown by address and by Google Maps and telephone numbers should be provided. All businesses should prominently display their opening hours on their website.

If a rental car operator has a charge for any circumstance (e.g. fuel shortage, excessively dirty vehicle on return, late returns, smoking, road toll management, traffic infringements, claims management fees, etc.) the Renter is entitled to see the scope of such charges, (including prices or range of prices where appropriate) and the information should ideally be presented all together in tabular form, prior to the Renter making any rental commitment.

Whilst it is a legal requirement for the driver of any motor vehicle to hold a current recognised licence appropriate for the type of vehicle being driven, rental companies should not further restrict drivers by imposing minimum periods in which the licence has been so held or minimum periods of accident or infringement-free driving to qualify for insurance cover. If it is possible for you to be affected by such rules, find out before you book the car.

The best standards of Customer Service dictate that an after-hours vehicle collection or return service should be available for the convenience of travellers at a reasonable cost. Roadside assistance in respect of the mechanical failure of the rental vehicle should be available on a 24/7 basis at no cost to the Renter.

Rental companies should provide clear and unambiguous evidence of motor vehicle Comprehensive Insurance cover which extends to the benefit of the Renter as well as to the Rental Company. Ideally the Insurer's name; policy number; and maximum cover for any single event should be disclosed.

There should be no variance in the scope of insurance cover between Standard and Reduced Insurance Excesses (i.e. the only difference being the limit of the renter’s liability aka “Excess”, “Damage Waiver Limit”).

All car rental contracts should automatically include protection to the renter in respect of damage caused to the rental vehicle and also damage caused by the rental vehicle, during the period of the renter’s responsibility, backed by a comprehensive motor vehicle insurance cover approved to be issued in Australia.

There is ambiguity in many rental contracts as to whether the cover referred to is Property or Personal Injury cover. There should be no such ambiguity in any rental car contract. To ensure that the correct Compulsory Third Party (Personal Injury) premium (CTP) is paid, rental vehicles should be registered as "Class 4 - Self Drive Rentals" or equivalent.

There should be no distinction between Multi-Vehicle and Single Vehicle Incidents in terms of scope of insurance cover or insurance excess. The very mention of such incidents should be a warning that there may be a difference in their treatment. Otherwise, why mention them?

There should be no discrimination within insurance coverage or insurance excess arrangements against Hail or Storm Damage.

There should be no discrimination against animal related incidents in urban areas and at worst only “dusk to dawn” restrictions in remote rural areas.

There should be no insurance discrimination against vandalism unless caused or contributed to by members of the hiring party or resulting from rioting or civil commotion.

There should be no insurance discrimination against reversing damage.

Optional accessories (such as GPS Navigation and Child Seats) should be covered by insurance, except where the damage is caused by the hiring party or by incorrect fitting of the component. Other "accessories", such as car keys, keyless start units, remotes and tyre changing equipment should be similarly covered without incurring further coverage fees or having sub-limits of cover.

Interior Damage should not be excluded from any insurance cover, except if caused by the actions or inactions of any member of the rental party.

Rental car operators do not want their vehicles damaged by being driven over rough terrain, but this should not create blanket exclusions such as "cover if only driven on a sealed surface", or "only if driven on public roads". Major highways can become "unsealed" whilst undergoing maintenance and private driveways, shopping centres and similar places should all be acceptable.

Drivers in the age bracket of 21-24yrs and over 80yrs may be higher insurance risks, but they should not be penalised in both rental pricing and insurance excess terms. Subject to the amounts involved, one may be acceptable, but both becomes “double dipping”.

The following should be permitted exceptions to any blanket exclusion of "immersion or partial immersion in water, howsoever caused", (a) Where a vehicle is parked where, at the time of parking, it was reasonable to do so and the vehicle was unattended at the time of the immersion or partial immersion in water. (b) Where the immersion or partial immersion was caused by a collision with another moving and identified motor vehicle.

Water damage other than total or partial immersion should only be an exclusion from any insurance cover where the water damage was caused by the actions or inactions of any member of the rental party, such as leaving the vehicle unattended with windows, sunroof, or convertible roof open.

There should be no different treatment by rental car companies in respect of damage or loss incurred in the process of boarding, alighting from, or travelling on, a registered car ferry service.

Damage to windscreens; windows; headlights and taillights as well as damage to tyres and wheels should be covered in the same manner as any other damage and not be subject to additional cost for these items to be included within the agreed damage or loss liability limit.

Rental companies should be entitled to exclude damage caused by the attempted negotiation of any space that is lower or narrower than the vehicle and to exclude damage caused by carrying unauthorised cargo or caused by people sitting or standing on the roof or any other panel of the vehicle. However, this protection does not justify an exclusion from insurance cover of "Overhead Damage, howsoever caused".

Rental companies should be entitled to exclude damage caused by driving over rough terrain, but objects dropped from another vehicle, or fallen rocks, or potholes, or underbody damage caused by a collision with another vehicle should not be caught up in any blanket exclusion such as "Underbody Damage, howsoever caused".

Moderate insurance claims administration fees; vehicle recovery costs; loss of use; assessing and towing fees are legitimate additions to the cost of repair to determine the rental car operator’s loss, but they should not cause the Renter’s Liability to be increased beyond the pre-agreed limit (insurance excess).