CARAVAN hire terms & conditions
Thank you for choosing Luxury Caravan Hire. We are very proud of our product and our reputation, and we have built our business on providing the best possible experience for our customers. Your safety and security are our greatest concerns, so to assist you in making your holiday a wonderful experience, it is important for you to carefully read these terms and conditions. Should you have any questions about these terms and conditions please contact us on 1300-680-035. These terms and conditions do not exclude, restrict or modify the application of any provision, the exercise of any right, or the imposition of any liability under any statute (including the Australian Consumer Law).
1. RATES AND CONDITIONS
Rates and Conditions quoted in our brochures, website and/or documentation are subject to change without notice. However (subject to changes in legislation or errors) we will not alter rates or conditions applicable to your rental once your booking has been confirmed by Luxury Caravan Hire. Any booking amendments will result in the rate booked being recalculated at the rate applicable on the date of amendment. Please note all prices are quoted and payable in Australian dollars and includes GST.
2. DEFINITIONS
‘This Agreement’ means the Rental Agreement and these Terms and Conditions.
‘Customer’ means the person or persons nominated as the hirer and any person whose credit or debit card is presented for payment of the Customer’s charges. Refer to clauses 24 and 30 for information about the Vehicle Security Deposit requirements and credit and debit card payments.
‘Luxury Caravan Hire’ means Trustee for Morfoulis Family Trust. ABN: 28 220 532 138.
‘Rental Period’ means the hire period or any agreed variation thereof and any additional period during which the Vehicle is in the Customer’s possession or control.
‘Vehicle’ means the Vehicle hired by the Customer and includes tyres, tools, accessories, camping utensils, and all other equipment, documents, or additional hire items related to the Vehicle and any replacement or substitute Vehicle that may be provided. In this case Vehicle also refers to the caravan or camper trailer.
3. TOWING WITH A PRIVATE VEHICLE
It is required that the private vehicle used to tow the Luxury Caravan Hire caravan or camper trailer will be the same vehicle used to collect the caravan or camper trailer from the Luxury Caravan Hire depot and will be the same vehicle towing the caravan or camper trailer for the duration of the hire period. The private vehicle must be comprehensively insured and be registered during the hire period of the caravan or camper trailer. Proof of both requirements being met is required upon caravan or camper trailer collection. Failure to adhere will result in refusal to rent the caravan or camper trailer. Please take note of the weight (tare and tow ball weights) of the caravan and ensure the towing vehicle complies. The rental will be refused if compliance is not evident and it is the hirer’s responsibility to ensure compliance. In the event of rental refusal full cancellation costs will apply and the Customer will not be given any refunds.
4. RENTAL DURATION
4.1 Rental nights are calculated on a calendar basis. When calculating the number of nights the Vehicle is rented, the day of pick-up is
counted as night one of the rental, regardless of pick-up time. The day before the Vehicle’s return is counted as the final night of the
rental regardless of drop-off time.
4.2 Minimum rental period is 3 nights with the following exceptions; Collection of a van over peak season is 7 nights with the exception
of Christmas & New Year period which is 14 nights. Peak season applies to all QLD school holidays & public holiday long
weekends. Minimum rental periods are subject to change, and any such change will be notified to you prior to booking confirmation.
4.3 Late pick-up or early return of the Vehicle does not entitle the Customer to any refund of the unused portion of the rental.
5. DELIVERY AND RETURN OF VEHICLE
5.1 The Customer acknowledges having received the Vehicle in a clean condition including two (2) full 8.5kg LPG bottles.
5.2 The Customer will return the Vehicle in a clean condition with two (2) full 8.5kg LPG bottles (subject to any pre-purchase gas option
being taken), on the return date, time and location set out in the Rental Agreement. Failure to adhere to these requirements will
result in additional charges. Should the Customer have the pre-purchase gas option there is no refund for unused fuel and/or gas.
5.3 The Customer acknowledges that Luxury Caravan Hire will reasonably determine what, if any, refund may be warranted if the
Vehicle is returned or the Customer ceases to have the use of the Vehicle prior to the return date.
6. HOURS OF OPERATION
Luxury Caravan Hire is open Monday to Friday (8:30am-5:00pm) and Saturdays by appintment only. Our office is closed on all Qld public holidays including the Easter long weekend and between Christmas & New Year. Luxury Caravan Hire requests that clients collecting or returning their vehicle to be in the office one hour before closing or unless otherwise authorised. Please ensure that you allow adequate time to complete the required paperwork when collecting or returning your vehicle. All vehicles must be collected from and returned to Luxury Caravan Hire’s Brisbane depot.
7. CHANGE OF DROP OFF DESTINATION
Changes of drop off destinations are not available with any Luxury Caravan Hire vehicles.
8. LATE DROP OFFS
8.1 If the Customer wishes to drop-off the Vehicle after business hours, they must first get approval from Luxury Caravan Hire.
8.2 Subject to approval, a fee of AU$100 is applicable and the Customer will be required to pay an extra day’s Liability
9. RENTAL EXTENSIONS
9.1 If the Customer wishes to extend the rental whilst on hire, they must first obtain authorisation from Luxury Caravan Hire. This is
subject to availability. The extra cost of an extended rental must be paid by credit card on confirmation of the rental extension.
9.2 Failure to obtain an authorisation for a rental extension will result in a late fee of AU$200 per day in addition to the daily rental
rate for each day until the vehicle is returned. The daily rental rate charged will be the rate applicable on the day of extension (which
may differ from the original rate booked) per Vehicle for the extended rental period.
10. ONE-WAY RENTALS
As we are only based in one location, one-way rentals are not available with any Luxury Caravan Hire vehicles.
11. MULTIPLE RENTALS
Should a Customer have more than one Luxury Caravan Hire caravan or camper trailer rental, the bookings can be combined to qualify for longer-term hire discounts if travel is within a 3-month period.
12. DRIVERS LICENCE REQUIREMENTS
A full (non-probationary) Australian driver’s licence must be presented at the time of rental for each nominated driver.
13. AGE RESTRICTIONS
Drivers must be 25 years of age or over and under the age of 75.
14. USE OF VEHICLE
14.1 The Customer agrees that, during the Rental Period, the Customer will not allow the Vehicle to be:
(a) driven or towed otherwise than in a prudent and cautious manner;
(b) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
(c) left with the key in the Vehicle while it is not occupied;
(d) damaged by: (i) submersion in water; (ii) contact with salt water; (iii) creek or river crossing; (iv) driving through flooded areas; (v)
beach driving
(e) used for any illegal purpose or in any race, rally or contest;
(f) used to carry passengers or property for hire or reward;
(g) used to carry/berth more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle
or specified in this Agreement;
(h) Passengers cannot travel in the caravan or camper trailer while being towed;
(i) used to carry volatile liquids, gases (other than propane gas bottles provided on caravan), explosives or other corrosive or
inflammable material; and
(j) used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure rental.
14.2 Road restrictions apply as follows:
(a) While towing, Vehicles must not be used on any unsealed road (being a road not sealed with a hard material such as tar, bitumen
or concrete). Caravans and camper trailers are not to be taken on an unsealed road. The Customer is responsible for all damage
if travelling on these roads as defined in clause 21.
(b) Luxury Caravan Hire Vehicles are not permitted for travel in the following locations; Simpson Desert, Strzelecki Track, Gunbarrel
Highway, Cape York, the Bungle Bungles, Oodnadatta Track, Birdsville Track, Tanami Track, the Plenty Highway, Gibb River Road,
Burke Development Road from Chillagoe to Normanton, Savannah Way from Normanton to Borroloola, Fraser Island, Finke
Road (between Alice Springs and Oodnadatta), Central Arnhem Road and Arnhem Land in general, Canning Stock Route, the Old
Gunbarrel Hwy, the Lost City in Litchfield Park, the Telegraph section of the road to Cape York, Boggy Hole (Finke Gorge National
Park) and the Old South Road from Maryvale to Finke at any time. The Customer is responsible for all damage if travelling on
these roads as defined in clause 21.
14.3 We value your well-being, and for safety purposes, Luxury Caravan Hire reserves the right, at its sole discretion, to restrict Vehicle
movements in certain areas due to adverse road or weather conditions, and the distance to nominated destinations in relation to
the length of the hire period. Luxury Caravan Hire will advise you on pick-up of any travel restrictions known at that time.
14.4 Where Luxury Caravan Hire mandates a change in drop off location, no additional fees will not apply.
14.5 The Customer shall not make any alterations or additions to the Vehicle without the prior written consent of Luxury Caravan Hire.
14.6 The Customer will not allow any animals to be carried in the Vehicle including registered guide dogs.
14.7 The Customer shall take all reasonable steps to properly maintain the Vehicle and will contact Luxury Caravan Hire immediately
should the vehicle indicate any potential malfunction.
15. MAINTENANCE AND REPAIRS
15.1 Luxury Caravan Hire will need to be informed and confirm any requested repairs in advance. Repairs will be approved and
reimbursement, where applicable, will be granted provided the Customer was not responsible for the damage. In all cases, GST
receipts must be submitted for any repair or the claim will not be paid.
15.2 The Customer will pay for the cost of repairing or replacing tyres damaged during the Rental Period except if the tyre is defective
and is returned by the Customer to Luxury Caravan Hire for inspection and is subject to a warranty claim on the manufacturer.
16. ON ROAD ASSISTANCE
Any problems associated with the Vehicle, including equipment failure, must be reported to Luxury Caravan Hire within 24 hours in order to give Luxury Caravan Hire the opportunity to rectify the problem during the rental. Failure to do so may compromise any claims for compensation. Subject to clause 26, Luxury Caravan Hire reserves the right to not accept liability for any claims submitted after this period. Please contact Luxury Caravan Hire on 1300-680-035 for mechanical breakdown enquiries.
17. VEHICLE AVAILABILITY
Luxury Caravan Hire will endeavour to supply the vehicle category selected, however should the Vehicle booked be unavailable through unforeseen circumstances, Luxury Caravan Hire reserve the right to substitute an alternative Vehicle without prior notification. The alternative Vehicle shall be as close a substitute for the booked Vehicle as possible. Luxury Caravan Hire will reasonably determine what, if any, refund may be warranted if a vehicle substitution is required.
18. LIMIT OF LIABILITY
In the event of no alternative Vehicle being available our liability is limited to a refund of the hire charge or in the case of mechanical failure (unless caused by the Customer) the remainder of the hire period.
19. TITLE TO VEHICLE
The Customer acknowledges that Luxury Caravan Hire retains title to the Vehicle at all times. The Customer shall not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
20. FOR YOUR PROTECTION
Personal Injury is covered in most cases through Registration Third Party Insurance. However, we strongly recommend that all people travelling in Australia take out Personal Travel Insurance. Luxury Caravan Hire does not accept any liability for personal injuries sustained during rental.
21. VEHICLE DAMAGE LIABILITY
21.1 The Customer understands that:
(a) the Vehicle is not insured for Third Party Vehicle and property damage;
(b) the Customer agrees to pay AU$1,000 Liability in respect of any damage incurred whilst the Vehicle is in the customer’s
possession;
(c) Insurance and liability only apply to Luxury Caravan Hire hired Vehicles and do not apply to a private vehicle. Damages,
sustained to the private vehicle and third party property are the hirer’s own responsibility in the case of simply hiring the
caravan or camper trailer from Luxury Caravan Hire. Luxury Caravan Hire is not responsible for any damages caused to or by
the private vehicle.
21.2 the Customer must follow the procedures and agrees to the terms noted in clause 25 ‘Procedures in case of Accident’.
21.3 The Vehicle Security Deposit applies in respect of each claim, not rental.
21.4 The AU$1,000 Liability is applicable regardless of who is at fault and must be paid at the time the accident report is completed, not at the completion of the rental. The Vehicle Security Deposit will be refunded only if Luxury Caravan Hire is successful in recovering the cost of the damages from the Third Party. Please note that Third Party Claims can take months or even years to resolve.
21.5 In the case of hiring a Vehicle, damage includes any and all damage to Third Party property, damage to the rented Vehicle including windows, tyres, towing and recovery costs, theft, fire, break in or vandalism. This also includes the cost of the daily rental rate for the period the vehicle(s) is being repaired. In addition to the costs associated with the claim, a processing fee of AU$60 and any other associated damage assessment fees will be applicable per claim. Damages, however sustained to the private vehicle and third party property are the hirer’s own responsibility. Luxury Caravan Hire is not responsible for any damages caused to or by the private vehicle.
22. VEHICLE RENTAL CHARGE
The Customer is liable for the following payments:
(a) The deposit of the Vehicle Rental Charge - 25% of the total hire charge or $200 deposit (whichever is greater) is payable upon
execution of this agreement.
(b) The balance of the Vehicle Rental Charge is due thirty (30) days prior to pickup of the vehicle. If payment is not received by the due
date, the Customer forfeits the Vehicle Rental Charge deposit paid in 22(a).
23. EXCLUSIONS
The Customer acknowledges that they are solely responsible for all costs for the following damage and that the Customer remains fully liable for all costs incurred:
(a) for any damage due to vehicle use in contravention of clause 14 ‘Use of Vehicle’;
(b) any damage caused by wilful misconduct (e.g. sitting or standing on the roof of the Vehicle) and driving under the influence of
alcohol or drugs and negligence resulting in damage to the hired Vehicle or Third Party vehicle/property;
(c) for any loss or damage to Personal belongings: Luxury Caravan Hire recommend the Customer does not leave valuables in the Vehicle
and that they take out personal travel insurance;
(d) if the Customer is deemed by local authorities to have been careless, negligent or wilful in failing to abide by the local road rules,
resulting in damage to the hired Vehicle or Third Party vehicle/property;
(e) the cost to retrieve or recover a Vehicle which has become bogged, submerged, caught, trapped, stuck or restricted in anyway and/or
has been abandoned;
(f) the cost to replace keys which have become lost, stolen, or retrieval of keys which have been locked in the Vehicle;
(g) overhead and underbody damage to the vehicle;
(h) towing and vehicle recovery costs (up to AU$7,500) from restricted locations noted in clause 14.2 (b);
(i) for damage caused to the Vehicle because total load (kg) has exceeded recommended load as stated in vehicle manual;
(j) drivers not identified on the rental agreement and/or drivers that have a licence that has been cancelled or suspended and/or drivers
who have a licence that is classified as a learners or probationary licence;
(k) damage however caused to the awning affixed to the caravan or camper trailer;
(l) If any article or object is tied or carried on the roof section of the caravan or camper trailer;
(m) Hard items like esky’s, boxes etc. are not to be stored in the caravan or camper trailer that may mark the floor and/or fittings and
no LPG gas heaters are to be used in the camper trailer;
(n) No items provided in the Vehicle are to be substituted and/or replaced without permission;
(o) Damage sustained to caravan or camper trailers tyres and rims outside of normal wear and tear;
(p) Drivers under the age of 25 years are not permitted to tow the caravan or camper trailer or drive the 4WD Vehicle;
(q) Caravans and camper trailers cannot be un-hitched from the private vehicle that arrived to collect the caravan or camper trailer and
towed by another vehicle that is unknown to Luxury Caravan Hire and/or where permission has not been sourced in advance for this
scenario to take place;
(r) Any damage caused due to incorrect un-hitching or hitching of the caravan or camper trailer;
(s) In the case of Luxury Caravan Hire delivering a caravan or camper trailer to a pre-booked site on behalf of a Customer the caravan or
camper trailer cannot be moved from this site by an unknown vehicle;
(t) The Customer’s private vehicle not does comply with the requirements to tow a caravan or camper trailer;
(u) The Customer does not have comprehensive motor vehicle insurance on the private vehicle and/or the private vehicle is not
registered during the hire;
(v) The vehicle is not permitted above the snowline;
(w) In the case of simply hiring the caravan or camper trailer from Luxury Caravan Hire damages and/or breakdowns, however
sustained to the private vehicle or Third party property are the Customer’s own responsibility.
(x) Luxury Caravan Hire is not responsible for any damages to the private vehicle or Third party property in the scenario where the
Customer is imply hiring the caravan or camper trailer from Luxury Caravan Hire.
24. VEHICLE SECURITY DEPOSIT
24.1 On pick-up of the Vehicle, the Customer agrees to pay a Vehicle Security Deposit. The Customer authorises Luxury Caravan Hire to deduct from the Vehicle Security Deposit any amounts due by them to Luxury Caravan Hire arising out of the agreement. Only the Customer’s credit card is suitable for the purpose of supplying a Vehicle Security Deposit.
24.2 The Vehicle Security Deposit required when hiring a caravan is AU$1,000 which is processed against the Customer’s credit card. The Vehicle Security Deposit & Insurance excess charge can be reduced to $500 by paying an extra AU$15 per night.
24.5 The Vehicle Security Deposit is fully refundable provided the caravan is returned on time, to the correct location & undamaged. The Security bond is normally refunded within approximately fifteen business banking days of return of the caravan subject to adherence to the terms and conditions of the hire.
24.6 Luxury Caravan Hire reserves the right to retain an excess soiling fee (charged at $80/hr) if the pre-paid cleaning surcharge exceeds three hours. This includes smoking related cleaning as smoking is not permitted in the vehicle. The toilet and wastewater tank (if applicable) must be emptied prior to the return of the Vehicle, or an additional AU$125 soiling fee will be retained for cartridge type systems and AU$250 for fixed tank systems.
25. PROCEDURES IN CASE OF ACCIDENT
If the Customer is involved in a motor vehicle accident whilst on hire, the following procedures should be followed:
(a) At the Accident Scene the Customer must:
1. Obtain the names and addresses of Third Parties and any Witnesses.
2. Report the accident to police, regardless of estimated damage costs.
3. Not accept blame or insist the other party is at fault.
4. If possible, photograph damage to all vehicle(s) and registration number(s).
5. Phone Luxury Caravan Hire Branch with the accident’s details within 24 hours.
(b) At the Branch
1. The Customer must produce their Driver’s Licence and hand over the police report (if applicable) and any supporting photographs.
2. The Customer is required to pay the liability (if applicable) and any other amount due by them in respect of any damage arising
from an accident, loss or damage. This amount is payable at the time of reporting ‘the event’ and not at completion of the Rental
Period.
3. The Customer will pay Luxury Caravan Hire the daily rental rate for the period the Vehicle is off fleet for accident repairs.
4. The Luxury Caravan Hire Customer Service Representative will ensure the Motor Vehicle Accident Report is completed clearly and
accurately signed by the Customer.
(c) Exchange Vehicle
1. The availability of an Exchange Vehicle is not guaranteed; provision is subject to availability, Customer location, accident liability
and remaining hire duration. Additional charges may be incurred (see below).
2. If an Exchange Vehicle is required as a result of an accident, the Customer is responsible for making their own way to the nearest
Luxury Caravan Hire branch or pick-up location at their own cost.
3. Luxury Caravan Hire may offer the Customer the option of paying an “Exchange Vehicle Relocation Fee” to send a driver to deliver
the exchange vehicle to the Customer’s location.
4. The Customer will pay for any costs relating to delivery of a change over vehicle as a result of any single Vehicle accident. This
charge applies irrespective of any Liability Reduction taken.
5. A new Vehicle Security Deposit will be required for the exchange Vehicle.
6. Luxury Caravan Hire are not responsible in any way for private Vehicles. The exchange provision is for Customers who have rented
vehicles from Luxury Caravan Hire.
(d) Time Frame for Settlement of Customer Liability Claims
1. Luxury Caravan Hire shall use best endeavours to ensure that any money due back to the Customer is forwarded as quickly as
possible, however Third Party claims can take months or even years to resolve. Luxury Caravan Hire cannot force the destiny of
these claims, and the Customer acknowledges that handling of these claims is up to Luxury Caravan Hire’s Insurer and the Third
Party, whether they be insured or not.
2. Luxury Caravan Hire agrees to refund any Vehicle Security Deposit refunds applicable within 60 days of receiving final resolution
and payment relating to Third Party claims.
3. For information regarding outstanding claims or Vehicle Security Deposit refunds please contact the Claims Department on
1300-680-035 during office hours.
4. The Customer agrees to provide all reasonable assistance to Luxury Caravan Hire in handling any claim including providing all
relevant information and attending Court to give evidence. Important Note: Under no circumstances should the Customer
attempt to start or drive a vehicle that has been involved in an accident, damaged by rollover, water submersion or any other
means without permission from Luxury Caravan Hire. If the Vehicle is un-driveable after an accident and the Customer would like
to have a replacement Vehicle, which will be subject to time, distance and availability, the Customer must make his/her own way
(at the Customer’s expense) to the nearest Luxury Caravan Hire branch. Should the Customer require a change over vehicle, a new
Vehicle Security Deposit is required.
26. RELEASE AND INDEMNITY OF LUXURY CARAVAN HIRE
26.1 The Customer releases Luxury Caravan Hire, its employees and agents, from any liability to the Customer (regardless of who is at
fault), for any loss or damage incurred by the Customer by reason of rental, possession or use of the Vehicle.
26.2 The Customer hereby indemnifies and shall keep indemnified Luxury Caravan Hire, its employees and agents, against any claims,
demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of the Customers use and/or
possession of the Vehicle.
26.3 Any indemnity required of the Customer shall not operate to indemnify Luxury Caravan Hire in respect of any negligent act by
Luxury Caravan Hire.
26.4 Nothing contained in these terms and conditions shall exclude any express or implied conditions, warranties or requirements that
cannot be so excluded under the Trade Practices Act or any other corresponding state legislation that may be applicable.
27. TOLL AND TRAFFIC OFFENCES
Luxury Caravan Hire reserves the right to submit a statutory declaration to the issuing authority and/or charge the Customer for any speeding, toll way, parking or other traffic offence. In addition, Luxury Caravan Hire reserves%2 possession of&n20administration fee of up to AU$60 for associated administration costs. This fee will be applicable per offence.
28. RENTAL CHARGES
Total charges as set out in your rental agreement are not final. The Customer will pay any shortfall in charges to Luxury Caravan Hire and the Customer will receive a refund for any overcharges made by Luxury Caravan Hire. Wherever possible, any amendment to charges will be notified to the customer at conclusion of rental, and the Customer agrees to payment of any such charges at that time.
29. PAYMENT OF CHARGES – JOINT AND SEVERAL LIABILITY
All charges and expenses payable by the Customer under this Agreement are due on demand by Luxury Caravan Hire including any collection costs and reasonable legal fees incurred by Luxury Caravan Hire. When the Customer comprises of more than one person, each person is liable, jointly and severally for all obligations of the Customer pursuant to this Agreement.
30. CREDIT AND DEBIT CARD PAYMENT
30.1 If a credit or debit card is presented as payment, the credit or debit card holder will be jointly and severally liable as a Customer.
30.2 The following credit or debit cards will be accepted: Visa Card, MasterCard and American Express. A non-refundable 2% administration fee will apply
to all Visa and MasterCard transactions. Credit and debit card administration fees also apply to debited vehicle security deposits.
Only the Customer’s credit card is acceptable to use for the purpose of the Vehicle Security Deposit.
30.3 When payment is made by credit or debit card, the Customer agrees that:
(a) Luxury Caravan Hire is irrevocably authorised to complete any documentation and to take any other action to recover from the
Customer’s credit or debit card issuer all amounts due by the Customer pursuant to this Agreement, including, but not limited
to, any amounts due in respect of damage to the Vehicle or to property of a Third Party and all other additional charges as they
are incurred including all parking and traffic infringement penalties, road toll fines and associated administration costs;
(b) the Customer will not dispute his/her liability to Luxury Caravan Hire for any amount properly due under this Agreement and
the Customer shall indemnify and keep indemnified Luxury Caravan Hire against any loss incurred (including legal costs) by
reason of notifying the Customer’s credit or debit card issuer of such dispute;
(c) in the event that Luxury Caravan Hire elect to accept payment of the Vehicle Security Deposit by holding a signed and authorised
open or debit credit card voucher which is returned to the Customer at the completion of the Rental Period, the Customer
agrees that Luxury Caravan Hire is entitled to recover payment from the Customer’s credit or debit card issuer pursuant to
paragraph (a) in respect of any amounts due which were not known at the time of return of the voucher; and
(d) Luxury Caravan Hire may process credit or debit card charges pertaining to the rental after the hire period.
30.4 The Customer acknowledges that all transactions under this Agreement are conducted in Australian dollars. Due to exchange rate fluctuations and bank fees, there could be some variance between the amount initially debited against the Customer’s credit or debit card and the amount refunded. Luxury Caravan Hire accepts no liability for any such variation.
31. PERSONAL AND COMPANY CHEQUES
Personal and Company cheques will not be accepted as payment for rentals at the time of pick-up. Personal or Company cheques are not acceptable as the Vehicle Security Deposit.
32. CONDITIONAL UPON PAYMENT
The Customer agrees that provision of any rental vehicle is conditional upon Luxury Caravan Hire being paid by the Travel Agent or Travel Wholesaler who arranged the vehicle rental on the Customer’s behalf. Luxury Caravan Hire reserves the right to collect payment from the Customer in the event of a failure by the Travel Agent or Travel Wholesaler to pay for the rental.
33. TERMINATING THE AGREEMENT AND REPOSSESSING THE VEHICLE
33.1 The Customer acknowledges that Luxury Caravan Hire may refuse any rental, terminate this Agreement and/or repossess the
Vehicle (and for that purpose enter upon any premises and remove the Vehicle) at any time, without notification to the Customer,
and that the Customer will pay the reasonable costs of repossessing the Vehicle, including towing charges if:
(a) the Customer is in breach of any material term of this Agreement, particularly clauses 14 and 37;
(b) the Customer has obtained the Vehicle through fraud or misrepresentation;
(c) the Vehicle appears to be abandoned;
(d) the Vehicle is not returned on the agreed return date or Luxury Caravan Hire reasonably believe that the Vehicle will not be
returned on the agreed return date; or
(e) Luxury Caravan Hire considers, on reasonable grounds, that the safety of the passengers or the condition of the Vehicle is
endangered.
33.2 The Customer understands that in the event of such termination or repossession, the Customer has no right to a refund of any part
of the rental charges or the Vehicle Security Deposit.
34. CANCELLATIONS
Cancellation fees apply as follows:
(a) If cancelled 31 days or more prior to the pick-up date: 10% of the full rental charge or $200, whichever is the greater of the two;
(b) If cancelled within 7-30 days of pick-up date: 50% of the full rental charge;
(c) If cancelled 1-6 days prior to pick-up date: 75% of full rental charge;
(d) If cancelled on the day of pick-up or no show: No refund available;
(e) If returned early for any reason whatsoever: No refund available.
35. PROPER LAW
This Agreement is governed by the laws of the state of Queensland.
36. CUSTOMER WARRANTIES
The Customer warrants that all information supplied by them to Luxury Caravan Hire in connection with this Agreement is true.
37. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this Agreement
1. RATES AND CONDITIONS
Rates and Conditions quoted in our brochures, website and/or documentation are subject to change without notice. However (subject to changes in legislation or errors) we will not alter rates or conditions applicable to your rental once your booking has been confirmed by Luxury Caravan Hire. Any booking amendments will result in the rate booked being recalculated at the rate applicable on the date of amendment. Please note all prices are quoted and payable in Australian dollars and includes GST.
2. DEFINITIONS
‘This Agreement’ means the Rental Agreement and these Terms and Conditions.
‘Customer’ means the person or persons nominated as the hirer and any person whose credit or debit card is presented for payment of the Customer’s charges. Refer to clauses 24 and 30 for information about the Vehicle Security Deposit requirements and credit and debit card payments.
‘Luxury Caravan Hire’ means Trustee for Morfoulis Family Trust. ABN: 28 220 532 138.
‘Rental Period’ means the hire period or any agreed variation thereof and any additional period during which the Vehicle is in the Customer’s possession or control.
‘Vehicle’ means the Vehicle hired by the Customer and includes tyres, tools, accessories, camping utensils, and all other equipment, documents, or additional hire items related to the Vehicle and any replacement or substitute Vehicle that may be provided. In this case Vehicle also refers to the caravan or camper trailer.
3. TOWING WITH A PRIVATE VEHICLE
It is required that the private vehicle used to tow the Luxury Caravan Hire caravan or camper trailer will be the same vehicle used to collect the caravan or camper trailer from the Luxury Caravan Hire depot and will be the same vehicle towing the caravan or camper trailer for the duration of the hire period. The private vehicle must be comprehensively insured and be registered during the hire period of the caravan or camper trailer. Proof of both requirements being met is required upon caravan or camper trailer collection. Failure to adhere will result in refusal to rent the caravan or camper trailer. Please take note of the weight (tare and tow ball weights) of the caravan and ensure the towing vehicle complies. The rental will be refused if compliance is not evident and it is the hirer’s responsibility to ensure compliance. In the event of rental refusal full cancellation costs will apply and the Customer will not be given any refunds.
4. RENTAL DURATION
4.1 Rental nights are calculated on a calendar basis. When calculating the number of nights the Vehicle is rented, the day of pick-up is
counted as night one of the rental, regardless of pick-up time. The day before the Vehicle’s return is counted as the final night of the
rental regardless of drop-off time.
4.2 Minimum rental period is 3 nights with the following exceptions; Collection of a van over peak season is 7 nights with the exception
of Christmas & New Year period which is 14 nights. Peak season applies to all QLD school holidays & public holiday long
weekends. Minimum rental periods are subject to change, and any such change will be notified to you prior to booking confirmation.
4.3 Late pick-up or early return of the Vehicle does not entitle the Customer to any refund of the unused portion of the rental.
5. DELIVERY AND RETURN OF VEHICLE
5.1 The Customer acknowledges having received the Vehicle in a clean condition including two (2) full 8.5kg LPG bottles.
5.2 The Customer will return the Vehicle in a clean condition with two (2) full 8.5kg LPG bottles (subject to any pre-purchase gas option
being taken), on the return date, time and location set out in the Rental Agreement. Failure to adhere to these requirements will
result in additional charges. Should the Customer have the pre-purchase gas option there is no refund for unused fuel and/or gas.
5.3 The Customer acknowledges that Luxury Caravan Hire will reasonably determine what, if any, refund may be warranted if the
Vehicle is returned or the Customer ceases to have the use of the Vehicle prior to the return date.
6. HOURS OF OPERATION
Luxury Caravan Hire is open Monday to Friday (8:30am-5:00pm) and Saturdays by appintment only. Our office is closed on all Qld public holidays including the Easter long weekend and between Christmas & New Year. Luxury Caravan Hire requests that clients collecting or returning their vehicle to be in the office one hour before closing or unless otherwise authorised. Please ensure that you allow adequate time to complete the required paperwork when collecting or returning your vehicle. All vehicles must be collected from and returned to Luxury Caravan Hire’s Brisbane depot.
7. CHANGE OF DROP OFF DESTINATION
Changes of drop off destinations are not available with any Luxury Caravan Hire vehicles.
8. LATE DROP OFFS
8.1 If the Customer wishes to drop-off the Vehicle after business hours, they must first get approval from Luxury Caravan Hire.
8.2 Subject to approval, a fee of AU$100 is applicable and the Customer will be required to pay an extra day’s Liability
9. RENTAL EXTENSIONS
9.1 If the Customer wishes to extend the rental whilst on hire, they must first obtain authorisation from Luxury Caravan Hire. This is
subject to availability. The extra cost of an extended rental must be paid by credit card on confirmation of the rental extension.
9.2 Failure to obtain an authorisation for a rental extension will result in a late fee of AU$200 per day in addition to the daily rental
rate for each day until the vehicle is returned. The daily rental rate charged will be the rate applicable on the day of extension (which
may differ from the original rate booked) per Vehicle for the extended rental period.
10. ONE-WAY RENTALS
As we are only based in one location, one-way rentals are not available with any Luxury Caravan Hire vehicles.
11. MULTIPLE RENTALS
Should a Customer have more than one Luxury Caravan Hire caravan or camper trailer rental, the bookings can be combined to qualify for longer-term hire discounts if travel is within a 3-month period.
12. DRIVERS LICENCE REQUIREMENTS
A full (non-probationary) Australian driver’s licence must be presented at the time of rental for each nominated driver.
13. AGE RESTRICTIONS
Drivers must be 25 years of age or over and under the age of 75.
14. USE OF VEHICLE
14.1 The Customer agrees that, during the Rental Period, the Customer will not allow the Vehicle to be:
(a) driven or towed otherwise than in a prudent and cautious manner;
(b) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
(c) left with the key in the Vehicle while it is not occupied;
(d) damaged by: (i) submersion in water; (ii) contact with salt water; (iii) creek or river crossing; (iv) driving through flooded areas; (v)
beach driving
(e) used for any illegal purpose or in any race, rally or contest;
(f) used to carry passengers or property for hire or reward;
(g) used to carry/berth more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle
or specified in this Agreement;
(h) Passengers cannot travel in the caravan or camper trailer while being towed;
(i) used to carry volatile liquids, gases (other than propane gas bottles provided on caravan), explosives or other corrosive or
inflammable material; and
(j) used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure rental.
14.2 Road restrictions apply as follows:
(a) While towing, Vehicles must not be used on any unsealed road (being a road not sealed with a hard material such as tar, bitumen
or concrete). Caravans and camper trailers are not to be taken on an unsealed road. The Customer is responsible for all damage
if travelling on these roads as defined in clause 21.
(b) Luxury Caravan Hire Vehicles are not permitted for travel in the following locations; Simpson Desert, Strzelecki Track, Gunbarrel
Highway, Cape York, the Bungle Bungles, Oodnadatta Track, Birdsville Track, Tanami Track, the Plenty Highway, Gibb River Road,
Burke Development Road from Chillagoe to Normanton, Savannah Way from Normanton to Borroloola, Fraser Island, Finke
Road (between Alice Springs and Oodnadatta), Central Arnhem Road and Arnhem Land in general, Canning Stock Route, the Old
Gunbarrel Hwy, the Lost City in Litchfield Park, the Telegraph section of the road to Cape York, Boggy Hole (Finke Gorge National
Park) and the Old South Road from Maryvale to Finke at any time. The Customer is responsible for all damage if travelling on
these roads as defined in clause 21.
14.3 We value your well-being, and for safety purposes, Luxury Caravan Hire reserves the right, at its sole discretion, to restrict Vehicle
movements in certain areas due to adverse road or weather conditions, and the distance to nominated destinations in relation to
the length of the hire period. Luxury Caravan Hire will advise you on pick-up of any travel restrictions known at that time.
14.4 Where Luxury Caravan Hire mandates a change in drop off location, no additional fees will not apply.
14.5 The Customer shall not make any alterations or additions to the Vehicle without the prior written consent of Luxury Caravan Hire.
14.6 The Customer will not allow any animals to be carried in the Vehicle including registered guide dogs.
14.7 The Customer shall take all reasonable steps to properly maintain the Vehicle and will contact Luxury Caravan Hire immediately
should the vehicle indicate any potential malfunction.
15. MAINTENANCE AND REPAIRS
15.1 Luxury Caravan Hire will need to be informed and confirm any requested repairs in advance. Repairs will be approved and
reimbursement, where applicable, will be granted provided the Customer was not responsible for the damage. In all cases, GST
receipts must be submitted for any repair or the claim will not be paid.
15.2 The Customer will pay for the cost of repairing or replacing tyres damaged during the Rental Period except if the tyre is defective
and is returned by the Customer to Luxury Caravan Hire for inspection and is subject to a warranty claim on the manufacturer.
16. ON ROAD ASSISTANCE
Any problems associated with the Vehicle, including equipment failure, must be reported to Luxury Caravan Hire within 24 hours in order to give Luxury Caravan Hire the opportunity to rectify the problem during the rental. Failure to do so may compromise any claims for compensation. Subject to clause 26, Luxury Caravan Hire reserves the right to not accept liability for any claims submitted after this period. Please contact Luxury Caravan Hire on 1300-680-035 for mechanical breakdown enquiries.
17. VEHICLE AVAILABILITY
Luxury Caravan Hire will endeavour to supply the vehicle category selected, however should the Vehicle booked be unavailable through unforeseen circumstances, Luxury Caravan Hire reserve the right to substitute an alternative Vehicle without prior notification. The alternative Vehicle shall be as close a substitute for the booked Vehicle as possible. Luxury Caravan Hire will reasonably determine what, if any, refund may be warranted if a vehicle substitution is required.
18. LIMIT OF LIABILITY
In the event of no alternative Vehicle being available our liability is limited to a refund of the hire charge or in the case of mechanical failure (unless caused by the Customer) the remainder of the hire period.
19. TITLE TO VEHICLE
The Customer acknowledges that Luxury Caravan Hire retains title to the Vehicle at all times. The Customer shall not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.
20. FOR YOUR PROTECTION
Personal Injury is covered in most cases through Registration Third Party Insurance. However, we strongly recommend that all people travelling in Australia take out Personal Travel Insurance. Luxury Caravan Hire does not accept any liability for personal injuries sustained during rental.
21. VEHICLE DAMAGE LIABILITY
21.1 The Customer understands that:
(a) the Vehicle is not insured for Third Party Vehicle and property damage;
(b) the Customer agrees to pay AU$1,000 Liability in respect of any damage incurred whilst the Vehicle is in the customer’s
possession;
(c) Insurance and liability only apply to Luxury Caravan Hire hired Vehicles and do not apply to a private vehicle. Damages,
sustained to the private vehicle and third party property are the hirer’s own responsibility in the case of simply hiring the
caravan or camper trailer from Luxury Caravan Hire. Luxury Caravan Hire is not responsible for any damages caused to or by
the private vehicle.
21.2 the Customer must follow the procedures and agrees to the terms noted in clause 25 ‘Procedures in case of Accident’.
21.3 The Vehicle Security Deposit applies in respect of each claim, not rental.
21.4 The AU$1,000 Liability is applicable regardless of who is at fault and must be paid at the time the accident report is completed, not at the completion of the rental. The Vehicle Security Deposit will be refunded only if Luxury Caravan Hire is successful in recovering the cost of the damages from the Third Party. Please note that Third Party Claims can take months or even years to resolve.
21.5 In the case of hiring a Vehicle, damage includes any and all damage to Third Party property, damage to the rented Vehicle including windows, tyres, towing and recovery costs, theft, fire, break in or vandalism. This also includes the cost of the daily rental rate for the period the vehicle(s) is being repaired. In addition to the costs associated with the claim, a processing fee of AU$60 and any other associated damage assessment fees will be applicable per claim. Damages, however sustained to the private vehicle and third party property are the hirer’s own responsibility. Luxury Caravan Hire is not responsible for any damages caused to or by the private vehicle.
22. VEHICLE RENTAL CHARGE
The Customer is liable for the following payments:
(a) The deposit of the Vehicle Rental Charge - 25% of the total hire charge or $200 deposit (whichever is greater) is payable upon
execution of this agreement.
(b) The balance of the Vehicle Rental Charge is due thirty (30) days prior to pickup of the vehicle. If payment is not received by the due
date, the Customer forfeits the Vehicle Rental Charge deposit paid in 22(a).
23. EXCLUSIONS
The Customer acknowledges that they are solely responsible for all costs for the following damage and that the Customer remains fully liable for all costs incurred:
(a) for any damage due to vehicle use in contravention of clause 14 ‘Use of Vehicle’;
(b) any damage caused by wilful misconduct (e.g. sitting or standing on the roof of the Vehicle) and driving under the influence of
alcohol or drugs and negligence resulting in damage to the hired Vehicle or Third Party vehicle/property;
(c) for any loss or damage to Personal belongings: Luxury Caravan Hire recommend the Customer does not leave valuables in the Vehicle
and that they take out personal travel insurance;
(d) if the Customer is deemed by local authorities to have been careless, negligent or wilful in failing to abide by the local road rules,
resulting in damage to the hired Vehicle or Third Party vehicle/property;
(e) the cost to retrieve or recover a Vehicle which has become bogged, submerged, caught, trapped, stuck or restricted in anyway and/or
has been abandoned;
(f) the cost to replace keys which have become lost, stolen, or retrieval of keys which have been locked in the Vehicle;
(g) overhead and underbody damage to the vehicle;
(h) towing and vehicle recovery costs (up to AU$7,500) from restricted locations noted in clause 14.2 (b);
(i) for damage caused to the Vehicle because total load (kg) has exceeded recommended load as stated in vehicle manual;
(j) drivers not identified on the rental agreement and/or drivers that have a licence that has been cancelled or suspended and/or drivers
who have a licence that is classified as a learners or probationary licence;
(k) damage however caused to the awning affixed to the caravan or camper trailer;
(l) If any article or object is tied or carried on the roof section of the caravan or camper trailer;
(m) Hard items like esky’s, boxes etc. are not to be stored in the caravan or camper trailer that may mark the floor and/or fittings and
no LPG gas heaters are to be used in the camper trailer;
(n) No items provided in the Vehicle are to be substituted and/or replaced without permission;
(o) Damage sustained to caravan or camper trailers tyres and rims outside of normal wear and tear;
(p) Drivers under the age of 25 years are not permitted to tow the caravan or camper trailer or drive the 4WD Vehicle;
(q) Caravans and camper trailers cannot be un-hitched from the private vehicle that arrived to collect the caravan or camper trailer and
towed by another vehicle that is unknown to Luxury Caravan Hire and/or where permission has not been sourced in advance for this
scenario to take place;
(r) Any damage caused due to incorrect un-hitching or hitching of the caravan or camper trailer;
(s) In the case of Luxury Caravan Hire delivering a caravan or camper trailer to a pre-booked site on behalf of a Customer the caravan or
camper trailer cannot be moved from this site by an unknown vehicle;
(t) The Customer’s private vehicle not does comply with the requirements to tow a caravan or camper trailer;
(u) The Customer does not have comprehensive motor vehicle insurance on the private vehicle and/or the private vehicle is not
registered during the hire;
(v) The vehicle is not permitted above the snowline;
(w) In the case of simply hiring the caravan or camper trailer from Luxury Caravan Hire damages and/or breakdowns, however
sustained to the private vehicle or Third party property are the Customer’s own responsibility.
(x) Luxury Caravan Hire is not responsible for any damages to the private vehicle or Third party property in the scenario where the
Customer is imply hiring the caravan or camper trailer from Luxury Caravan Hire.
24. VEHICLE SECURITY DEPOSIT
24.1 On pick-up of the Vehicle, the Customer agrees to pay a Vehicle Security Deposit. The Customer authorises Luxury Caravan Hire to deduct from the Vehicle Security Deposit any amounts due by them to Luxury Caravan Hire arising out of the agreement. Only the Customer’s credit card is suitable for the purpose of supplying a Vehicle Security Deposit.
24.2 The Vehicle Security Deposit required when hiring a caravan is AU$1,000 which is processed against the Customer’s credit card. The Vehicle Security Deposit & Insurance excess charge can be reduced to $500 by paying an extra AU$15 per night.
24.5 The Vehicle Security Deposit is fully refundable provided the caravan is returned on time, to the correct location & undamaged. The Security bond is normally refunded within approximately fifteen business banking days of return of the caravan subject to adherence to the terms and conditions of the hire.
24.6 Luxury Caravan Hire reserves the right to retain an excess soiling fee (charged at $80/hr) if the pre-paid cleaning surcharge exceeds three hours. This includes smoking related cleaning as smoking is not permitted in the vehicle. The toilet and wastewater tank (if applicable) must be emptied prior to the return of the Vehicle, or an additional AU$125 soiling fee will be retained for cartridge type systems and AU$250 for fixed tank systems.
25. PROCEDURES IN CASE OF ACCIDENT
If the Customer is involved in a motor vehicle accident whilst on hire, the following procedures should be followed:
(a) At the Accident Scene the Customer must:
1. Obtain the names and addresses of Third Parties and any Witnesses.
2. Report the accident to police, regardless of estimated damage costs.
3. Not accept blame or insist the other party is at fault.
4. If possible, photograph damage to all vehicle(s) and registration number(s).
5. Phone Luxury Caravan Hire Branch with the accident’s details within 24 hours.
(b) At the Branch
1. The Customer must produce their Driver’s Licence and hand over the police report (if applicable) and any supporting photographs.
2. The Customer is required to pay the liability (if applicable) and any other amount due by them in respect of any damage arising
from an accident, loss or damage. This amount is payable at the time of reporting ‘the event’ and not at completion of the Rental
Period.
3. The Customer will pay Luxury Caravan Hire the daily rental rate for the period the Vehicle is off fleet for accident repairs.
4. The Luxury Caravan Hire Customer Service Representative will ensure the Motor Vehicle Accident Report is completed clearly and
accurately signed by the Customer.
(c) Exchange Vehicle
1. The availability of an Exchange Vehicle is not guaranteed; provision is subject to availability, Customer location, accident liability
and remaining hire duration. Additional charges may be incurred (see below).
2. If an Exchange Vehicle is required as a result of an accident, the Customer is responsible for making their own way to the nearest
Luxury Caravan Hire branch or pick-up location at their own cost.
3. Luxury Caravan Hire may offer the Customer the option of paying an “Exchange Vehicle Relocation Fee” to send a driver to deliver
the exchange vehicle to the Customer’s location.
4. The Customer will pay for any costs relating to delivery of a change over vehicle as a result of any single Vehicle accident. This
charge applies irrespective of any Liability Reduction taken.
5. A new Vehicle Security Deposit will be required for the exchange Vehicle.
6. Luxury Caravan Hire are not responsible in any way for private Vehicles. The exchange provision is for Customers who have rented
vehicles from Luxury Caravan Hire.
(d) Time Frame for Settlement of Customer Liability Claims
1. Luxury Caravan Hire shall use best endeavours to ensure that any money due back to the Customer is forwarded as quickly as
possible, however Third Party claims can take months or even years to resolve. Luxury Caravan Hire cannot force the destiny of
these claims, and the Customer acknowledges that handling of these claims is up to Luxury Caravan Hire’s Insurer and the Third
Party, whether they be insured or not.
2. Luxury Caravan Hire agrees to refund any Vehicle Security Deposit refunds applicable within 60 days of receiving final resolution
and payment relating to Third Party claims.
3. For information regarding outstanding claims or Vehicle Security Deposit refunds please contact the Claims Department on
1300-680-035 during office hours.
4. The Customer agrees to provide all reasonable assistance to Luxury Caravan Hire in handling any claim including providing all
relevant information and attending Court to give evidence. Important Note: Under no circumstances should the Customer
attempt to start or drive a vehicle that has been involved in an accident, damaged by rollover, water submersion or any other
means without permission from Luxury Caravan Hire. If the Vehicle is un-driveable after an accident and the Customer would like
to have a replacement Vehicle, which will be subject to time, distance and availability, the Customer must make his/her own way
(at the Customer’s expense) to the nearest Luxury Caravan Hire branch. Should the Customer require a change over vehicle, a new
Vehicle Security Deposit is required.
26. RELEASE AND INDEMNITY OF LUXURY CARAVAN HIRE
26.1 The Customer releases Luxury Caravan Hire, its employees and agents, from any liability to the Customer (regardless of who is at
fault), for any loss or damage incurred by the Customer by reason of rental, possession or use of the Vehicle.
26.2 The Customer hereby indemnifies and shall keep indemnified Luxury Caravan Hire, its employees and agents, against any claims,
demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of the Customers use and/or
possession of the Vehicle.
26.3 Any indemnity required of the Customer shall not operate to indemnify Luxury Caravan Hire in respect of any negligent act by
Luxury Caravan Hire.
26.4 Nothing contained in these terms and conditions shall exclude any express or implied conditions, warranties or requirements that
cannot be so excluded under the Trade Practices Act or any other corresponding state legislation that may be applicable.
27. TOLL AND TRAFFIC OFFENCES
Luxury Caravan Hire reserves the right to submit a statutory declaration to the issuing authority and/or charge the Customer for any speeding, toll way, parking or other traffic offence. In addition, Luxury Caravan Hire reserves%2 possession of&n20administration fee of up to AU$60 for associated administration costs. This fee will be applicable per offence.
28. RENTAL CHARGES
Total charges as set out in your rental agreement are not final. The Customer will pay any shortfall in charges to Luxury Caravan Hire and the Customer will receive a refund for any overcharges made by Luxury Caravan Hire. Wherever possible, any amendment to charges will be notified to the customer at conclusion of rental, and the Customer agrees to payment of any such charges at that time.
29. PAYMENT OF CHARGES – JOINT AND SEVERAL LIABILITY
All charges and expenses payable by the Customer under this Agreement are due on demand by Luxury Caravan Hire including any collection costs and reasonable legal fees incurred by Luxury Caravan Hire. When the Customer comprises of more than one person, each person is liable, jointly and severally for all obligations of the Customer pursuant to this Agreement.
30. CREDIT AND DEBIT CARD PAYMENT
30.1 If a credit or debit card is presented as payment, the credit or debit card holder will be jointly and severally liable as a Customer.
30.2 The following credit or debit cards will be accepted: Visa Card, MasterCard and American Express. A non-refundable 2% administration fee will apply
to all Visa and MasterCard transactions. Credit and debit card administration fees also apply to debited vehicle security deposits.
Only the Customer’s credit card is acceptable to use for the purpose of the Vehicle Security Deposit.
30.3 When payment is made by credit or debit card, the Customer agrees that:
(a) Luxury Caravan Hire is irrevocably authorised to complete any documentation and to take any other action to recover from the
Customer’s credit or debit card issuer all amounts due by the Customer pursuant to this Agreement, including, but not limited
to, any amounts due in respect of damage to the Vehicle or to property of a Third Party and all other additional charges as they
are incurred including all parking and traffic infringement penalties, road toll fines and associated administration costs;
(b) the Customer will not dispute his/her liability to Luxury Caravan Hire for any amount properly due under this Agreement and
the Customer shall indemnify and keep indemnified Luxury Caravan Hire against any loss incurred (including legal costs) by
reason of notifying the Customer’s credit or debit card issuer of such dispute;
(c) in the event that Luxury Caravan Hire elect to accept payment of the Vehicle Security Deposit by holding a signed and authorised
open or debit credit card voucher which is returned to the Customer at the completion of the Rental Period, the Customer
agrees that Luxury Caravan Hire is entitled to recover payment from the Customer’s credit or debit card issuer pursuant to
paragraph (a) in respect of any amounts due which were not known at the time of return of the voucher; and
(d) Luxury Caravan Hire may process credit or debit card charges pertaining to the rental after the hire period.
30.4 The Customer acknowledges that all transactions under this Agreement are conducted in Australian dollars. Due to exchange rate fluctuations and bank fees, there could be some variance between the amount initially debited against the Customer’s credit or debit card and the amount refunded. Luxury Caravan Hire accepts no liability for any such variation.
31. PERSONAL AND COMPANY CHEQUES
Personal and Company cheques will not be accepted as payment for rentals at the time of pick-up. Personal or Company cheques are not acceptable as the Vehicle Security Deposit.
32. CONDITIONAL UPON PAYMENT
The Customer agrees that provision of any rental vehicle is conditional upon Luxury Caravan Hire being paid by the Travel Agent or Travel Wholesaler who arranged the vehicle rental on the Customer’s behalf. Luxury Caravan Hire reserves the right to collect payment from the Customer in the event of a failure by the Travel Agent or Travel Wholesaler to pay for the rental.
33. TERMINATING THE AGREEMENT AND REPOSSESSING THE VEHICLE
33.1 The Customer acknowledges that Luxury Caravan Hire may refuse any rental, terminate this Agreement and/or repossess the
Vehicle (and for that purpose enter upon any premises and remove the Vehicle) at any time, without notification to the Customer,
and that the Customer will pay the reasonable costs of repossessing the Vehicle, including towing charges if:
(a) the Customer is in breach of any material term of this Agreement, particularly clauses 14 and 37;
(b) the Customer has obtained the Vehicle through fraud or misrepresentation;
(c) the Vehicle appears to be abandoned;
(d) the Vehicle is not returned on the agreed return date or Luxury Caravan Hire reasonably believe that the Vehicle will not be
returned on the agreed return date; or
(e) Luxury Caravan Hire considers, on reasonable grounds, that the safety of the passengers or the condition of the Vehicle is
endangered.
33.2 The Customer understands that in the event of such termination or repossession, the Customer has no right to a refund of any part
of the rental charges or the Vehicle Security Deposit.
34. CANCELLATIONS
Cancellation fees apply as follows:
(a) If cancelled 31 days or more prior to the pick-up date: 10% of the full rental charge or $200, whichever is the greater of the two;
(b) If cancelled within 7-30 days of pick-up date: 50% of the full rental charge;
(c) If cancelled 1-6 days prior to pick-up date: 75% of full rental charge;
(d) If cancelled on the day of pick-up or no show: No refund available;
(e) If returned early for any reason whatsoever: No refund available.
35. PROPER LAW
This Agreement is governed by the laws of the state of Queensland.
36. CUSTOMER WARRANTIES
The Customer warrants that all information supplied by them to Luxury Caravan Hire in connection with this Agreement is true.
37. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this Agreement
