CARAVAN hire terms & conditions
1
Introduction
1.1
Rental Contract
This
contract to hire the Caravan (Rental
Contract) consists of:
(a)
the agreement (Rental Agreement)
You have to hire the Caravan from Us;
(b)
the Handover Inspection Report;
(c)
Our Privacy Policy; and
(d)
these rental Terms and Conditions (Terms
and Conditions),
and together they form
binding and enforceable legal obligations.
1.2
Jurisdiction
The
Rental Contract is governed by the laws of Queensland and You agree that courts
in that state have non-exclusive jurisdiction to determine any dispute that
arises between You and Us.
1.3
Australian Consumer Law
The
Australian Consumer Law applies to the Rental Contract and it provides You with
rights that are not excluded, restricted or modified by the Rental Contract and
any provision in this contract is subject to the specific protections and
guarantees in that and any corresponding Federal, State or Territory
legislation.
1.4
Electronic signatures
We
use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature You
consent to the use of this means of acknowledgment and acceptance of these
Terms and Conditions and Your obligations under the Rental Contract.
1.5
Amending these Terms and
Conditions
We may amend these Terms and Conditions by providing You
with 30 days' notice in writing. If You
do not accept the amendments or replacement, You must return the Caravan prior to the end of the 30 day period.
⚠️ IMPORTANT NOTICE
A breach of
any part of this clause 2 is a Major Breach of the Rental Contract. See clause
14 for further details.
2.1
Authorised Drivers
Only You or an
Authorised Driver can tow the Caravan. Allowing anyone who is not an
Authorised Driver to tow the Caravan constitutes a
Major Breach of the Rental Contract that excludes You and any Authorised Driver
from all entitlement to Damage Cover indemnity under clause 7 of these Terms
and Conditions.
2.2
Age limits
(a)
There is a
minimum and maximum age limit for those renting the Caravan.
(b)
You and any
Authorised Driver must be at least 25 and not over 75 years of age and have no
less than 12 months driving experience, unless We have agreed to a variation of
that restriction before the Start of the Rental and it is shown in the Rental
Agreement.
2.3
Licence requirements
(a)
You and any Authorised Driver must also have a valid licence to drive the Towing Vehicle which
is:
(i)
issued in an Australian state or territory or an
international licence (with a valid International Driving Permit or an approved
translation into English if the licence is not issued in English); and
(ii)
not subject to any restriction or condition.
(b)
Learner drivers and provisional and probationary licence
holders are not acceptable and must not
drive the Towing Vehicle.
2.4
Cancelled and suspended licences
The Towing
Vehicle must not be driven:
(a)
whilst Your
driver's licence is cancelled or suspended, including as a result of an
accumulation of demerit points; or
(b)
if Your
licence has been cancelled or suspended, within three (3) years of the date of
the Rental Agreement.
2.5
False information
The Towing Vehicle must never be driven by You or any Authorised Driver who has provided a false
or misleading name, age, address or driver's licence.
2.6
Prior insurance
history
The Caravan
must not be towed by You or an
Authorised Driver if either You or the Authorised Driver has been refused motor
vehicle insurance or had a policy of motor insurance cancelled or declined by
an insurer at any time prior to entering into the Rental Contract.
⚠️ IMPORTANT
NOTICE
A breach of any part of this clause 3 is a Major
Breach of the Rental Contract. See clause 14 for further details.
3.1
The Towing Vehicle must not be driven by You or any Authorised Driver:
(a)
whilst intoxicated or under the influence of drugs or alcohol or with a
blood alcohol content or level of drugs present in blood, urine or oral fluid
that exceeds the limit set by law;
(b)
recklessly or dangerously; or
(c)
whilst the Caravan is damaged or unsafe.
3.2
You and any Authorised Driver must
not:
(a)
fail or refuse to undergo any breath, blood, urine or oral fluid test or
drug impairment assessment;
(b)
use the Caravan:
(i)
for any illegal purpose;
(ii)
to move dangerous, hazardous, inflammable goods or substances that
pollute or contaminate, in quantities above that used for domestic purposes;
(iii)
to carry illegal drugs or substances;
(iv)
in connection with the motor trade for experiments, tests, trials or
demonstration purposes;
(v)
to carry any weight or load that exceeds the limits for which the
Caravan was designed, constructed, registered or licenced; or
(vi)
in an unsafe or un-roadworthy condition; or
(c)
tow the Caravan with a Towing Vehicle that does not comply with the
Towing Vehicle's manufacturer's specifications.
3.3
You and any Authorised Driver must
not:
(a)
damage the Caravan deliberately or recklessly or allow anyone else to do
so;
(b)
modify or alter the Caravan in any way and nothing is to be tied to the
Caravan on the outside or top;
(c)
sell, rent, lease or dispose of the Caravan; or
(d)
register or claim to be entitled to register any interest in the Caravan
under the Personal Property Securities Act 2009.
⚠️ IMPORTANT NOTICE
A breach of
any part of this clause 4 is a Major Breach of the Rental Contract. See clause
14 for further details.
4.1
General prohibited
areas
The Caravan must never be taken or towed:
(a)
on any Unsealed Road unless it is a well maintained road and You reasonably consider the condition
of the road surface and Your speed of travel will not cause Damage to the
Caravan;
(b)
Off Road;
(c)
above the snow line in Victoria and New South Wales between 1 May and 31
October or in any area where snow has fallen or is likely to fall;
(d)
on:
(i)
roads that are prone to flooding or are flooded;
(ii)
beaches, streams, rivers, creeks, dams and floodwaters;
(iii)
any road where the police or an authority has issued a warning;
(iv)
any road that is closed; or
(v)
any road where it would be unsafe to tow the Caravan; or
(e)
onto any island
with the exception of:
(i)
Kangaroo Island;
(ii)
Stradbroke Island;
(iii)
Bribie Island;
(iv)
Phillip Island; or
(v)
Bruny Island.
4.2
Specific
prohibited areas
The Caravan must
never be taken or towed:
(a)
in Queensland:
(i)
north of Chillagoe
or west of Georgetown;
(ii)
north of Cooktown
or Laura;
(iii)
on the Burke
Development Road;
(iv)
north of
Maggieville;
(v)
on Unsealed Roads north
and west of Mt Isa;
(vi)
on the Bloomfield
track; or
(vii)
on the Savannah
Way;
(b)
in South
Australia:
(i)
to Mount Dare;
(ii)
on the Strzelecki
Track;
(iii)
on the Oodnadatta
Track; or
(iv)
on the road to
Dalhousie Springs;
(c)
in the Northern
Territory:
(i)
on the roads to
Jim Jim Falls or Twin Falls;
(ii)
on the Larapinta
and Namatjira Drives, commonly known as the Mereenie Loop,
(d)
in Western
Australia:
(i)
on the Unsealed
Road section of the Cape Leveque Road;
(ii)
on the Canning
Stock Route;
(iii)
on the road to
Windjana Gorge;
(iv)
on the Cardabia -
Ningaloo Road;
(v)
on the Gibb River
Road; or
(vi)
on the access road
from the Great Northern Highway to the Purnululu National Park
(e)
through or across the
Simpson Desert in South Australia, Queensland and the Northern Territory;
(f)
on the Tanami
Track and the Gunbarrel Highway in Western Australia and the Northern
Territory; or
(g)
on the Spirit of Tasmania between Victoria and Tasmania in either
direction.
⚠️ IMPORTANT
NOTICE
A breach of any of sub-clauses 5.5, 5.6, or 5.7
is a Major Breach of the Rental Contract. See clause 14 for further details.
5.1
Booking deposit and Rental
Charges
(a)
A booking deposit of 25% of the total Rental Charges or $200 deposit
(whichever is greater) is payable to secure Your booking.
(b)
The balance of the Rental Charges is due thirty (30) days prior to
pickup of the Caravan and if payment is not received by the due date, You
will forfeit the booking deposit paid pursuant to clause 5.1(a).
(c)
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.
(d)
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 the Security Bond. Only Your
credit card is acceptable to use for the purpose of the Security Bond.
(a)
At the Start of the Rental and before collecting the
Caravan You must:
(i)
present Your driver's licence and that of any Authorised Driver and
permit copies of the drivers' licences to be made and kept by Us;
(ii)
fully inspect the Caravan to ensure that the condition of the Caravan
and any pre-existing damage is accurately noted and shown in the Rental
Agreement and if there is any discrepancy You must notify Us prior to leaving
the Rental Station; and
(iii)
pay the Security Bond.
(b)
The Security Bond will be retained by Us as a security for the performance
of any of Your obligations and liabilities under the Rental Contract and will
be returned in approximately 15 business days of the End of the Rental provided that:
(i)
all amounts due to Us under the Rental Contract have been paid;
(ii)
the Caravan has been returned to the Rental Station at the date and time
set in the Rental Agreement;
(iii)
the Caravan is clean and in the same mechanical condition as at the
Start of the Rental (except for reasonable wear and tear);
(iv)
there is no Damage, including to the interior or the awning, (except for
reasonable wear and tear) or Third Party Loss;
(v)
the equipment supplied with the Caravan is clean and in the same
condition it was in at the Start of Rental, subject to reasonable wear and
tear;
(vi)
the toilet cassette and cavity in the Caravan is free from waste and
washed out;
(vii)
the fire extinguisher supplied with the Caravan and listed in sub-clause
6.1(b) is unused; and
(viii)
there has not been a Major Breach of the Rental Contract,
5.3
Pets/Smoking – cleaning fees
(a)
You must not:
(i)
use the Caravan for transporting any pets or animals, with the
exception of accredited or trained assistance animals, unless specifically
approved by Us; or
(ii)
smoke in the Caravan and You must prevent take reasonable steps to
prevent other occupants from doing so.
(b)
At the End of the
Rental the Caravan must be returned
cleaned inside and out, including the awning and must be deodorised from any odours including smoking and campfire
smoke. Any
cleaning or deodorising required upon return, will incur a cleaning fee of up
to $500 plus GST which will be deducted from the Security Bond.
5.4
Toilet cassette and cavity
Caravans fitted with toilet
and shower must be returned in the
same clean state; all waste material must
be removed from the toilet cassette and the cavity must be washed out. If You fail to do so, You will incur a $200 plus GST disposal fee which will be deducted
from the Security Bond.
You and any Authorised Driver
must take reasonable care of the
Caravan by:
(a)
preventing it from being damaged;
(b)
making sure it protected from inclement weather;
(c)
making sure it is not overloaded;
(d)
not transporting or storing hard or sharp items in the interior of the
Caravan, including eskies, BBQ’s and bicycles; and
(e)
ensuring:
(i)
the Caravan is correctly and safely connected to the Towing Vehicle and
the safety chains are correctly fitted;
(ii)
the Towing Vehicle has an electric brake controller fitted and
operational at all times during the Rental Period;
(iii)
the Caravan's tyres are inflated to the recommended PSI;
(iv)
the Caravan lights are working correctly; and
(v)
the coupling lock supplied with the Caravan is fitted when it is
unattended.
You must inform Us
immediately if the
Caravan develops any fault during the Rental Period. If You fail to notify Us
and continue to use the Caravan You will be responsible for any Damage or Third
Party Loss.
5.7
Unauthorised repairs
prohibited
You must not let anyone else repair or work on the Caravan or tow or
salvage them without Our prior written authority to do so.
5.8
Authorised repairs
Where We have given You Our
prior authority to repair the Caravan You must
keep and produce to Us the original tax invoices and receipts for any
repairs, towing or salvage and You will be reimbursed only if these expenses
have been authorised by Us. Any entitlement to reimbursement is subject to
there being no Major Breach of the Rental Contract.
5.9
Staying with the Caravan
after an Accident
You must not leave the
Caravan unattended following an Accident and before the arrival of a tow or
salvage operator.
5.10
Operating the awning
You must take reasonable care in the use and operation of the awning
and You are responsible for any damage to the awning as a result of a failure
to comply with this condition of use.
6
Equipment Supplied
with the Caravan
6.1
At the Start of Rental We will supply:
(a)
two 8.5 kilogram gas bottles;
(b)
one 1 kilo fire extinguisher; and
(c)
equipment as noted on the Rental
Agreement.
6.2
At the End of Rental You will be
charged the refilling cost of the gas bottles (subject to pre-purchase gas
option having been taken) and the replacement cost, plus an administrative fee,
if the fire extinguisher has been used.
6.3
You will also be charged the
replacement cost if any of the equipment listed in sub-clause 6.1 is missing or
not returned in the same condition as at the Start of Rental, subject to fair
wear and tear.
7.1
Damage Excess payable
(a)
Standard Damage
Cover is included in the Rental Charges.
(b)
Subject to these
Terms and Conditions, We will indemnify You and any Authorised Driver for any
Damage to the Caravan, its theft or Third Party Loss but You must pay up to the Damage Excess of
$5,000 for each Accident or theft claim unless:
(i)
You have fully completed an Incident Report Form with:
(A)
the name, residential address, contact phone and licence number of any
person involved (Third Party);
(B)
the registration number of all vehicles involved;
(C)
an accurate written and diagrammatic description of the Accident and
location; and
(D) the names and addresses of all attending police officers and the stations at which they are based;
(ii)
We agree You were
not at fault; and
(iii)
the other party was
insured and their insurance company accepts liability.
7.2
When is the Damage Excess
payable?
Unless You have expressly
authorised a charge to Your credit card at an earlier time, an amount up to,
but not exceeding, the Damage Excess will be charged to Your credit card:
(a)
for single vehicle Accidents, after an estimate or tax invoice verifying
the amount charged for Damage has been sent to You;
(b)
if the Caravan has been stolen, after We have made reasonable enquiries
and in Our opinion it is unlikely the Caravan will be recovered; and
(c)
for Accidents in which there is also Third Party Loss, after We have
made an estimate of Your total liability. Supporting documents and particulars
of the claim for Third Party Loss will be forwarded to You as soon as
practicable.
7.3
Claims Administration fee
All Accident, attempted theft and
theft claims will incur a claims administration fee of $100 in addition to the
Damage Excess liability. This fee is to compensate Us for the labour and
associated costs with processing Your claim.
8
Damage Cover
Exclusions
8.1
Excluded cover
There is no Damage Cover, and You and any Authorised Driver are liable
for:
(a)
Damage or Third Party Loss arising from:
(i)
a Major Breach of the Rental Contract; or
(ii)
the Caravan being towed by any driver who is not an Authorised Driver or
who is less than 25 or more than 75 years of age;
(b)
Overhead Damage;
(c)
Underbody Damage;
(d)
Damage caused by immersion of the Caravan in water, including salt
water;
(e)
the full cost of replacing or repairing any accessories
supplied by Us including equipment supplied by Us; and
(f)
damage to the tyres or rims of the Caravan, other than by
normal wear and tear and You must make good all damage to the tyres and rims with the same brand and type
as currently fitted.
8.2
Delayed co-operation
exclusion
8.3
Personal items excluded
There is also no Damage Cover for personal items that are left in or
stolen from the Caravan or for loss or damage to property belonging to or in
the custody of:
(a)
You;
(b)
any relative, friend or associate of Yours ordinarily residing with You
or with whom You ordinarily reside; or
(c)
any relative, friend or associate of an Authorised Driver.
8.4
Travel insurance
We strongly recommend
that You have a suitable travel insurance policy that provides cover for lost
or damaged personal items and cover for unexpected eventualities, including
delayed flights and delays caused by natural disasters, pandemics, industrial action
and illness, over which neither You nor We have any control.
9
Rental Period, costs
and charges
9.1
Rental Period
The
minimum Rental Period is three (3) days with the following exceptions:
(a)
in peak season, being all Queensland school holidays and public holiday
long weekends, the minimum Rental Period is seven (7) nights; and
(b)
for the Christmas and New Year period the minimum Rental Period of 14
nights.
Minimum Rental Periods
are subject to change, and any such change will be notified to You prior
to booking confirmation.
9.2
Deposit and balance of the Rental Charges
(a)
A deposit of 25% of the total booked Rental Charges or $200 (whichever
is greater) is payable to secure Your reservation.
(b)
The balance of the Rental Charges is due thirty (30) days prior to
pickup of the Caravan. If payment is not received by the due date You will
forfeit the deposit paid pursuant to clause 9.2(a).
9.3
Rental nights
Rental nights are calculated on a calendar basis.
When calculating the number of nights the Caravan 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.
9.4
Return of the Caravan and late pick-ups and
returns
(a)
You must return the Caravan on the date and by the time shown in the
Rental Agreement. If You fail to return the Late pick-up or early return of the
Caravan does not entitle You to any refund of the unused portion of the
rental.
(b)
Caravan, We may terminate the Rental Contract and if the location of the
Caravan is known, recover it by lawful means or if it is unknown, after making
reasonable attempts to contact You, report the Caravan as stolen to the Police.
(a)
If You wish to drop-off the Caravan after business hours, You must
obtain Our prior written approval Hire.
(b)
Subject to Our approval for an after-hours drop off, a fee of AU$100 is
applicable and You will be required to pay an extra day’s Liability
9.6
Late return
Unless You have Our prior
approval, if You return the Caravan:
(a)
more than one hour after the date and time set for their return in the
Rental Agreement, You will be charged one full day's rental and thereafter a further full day's rental at the
standard rate for each 24 hour period or part thereof until the Caravan
is returned to Us;
or
(b)
at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the
Rental Station next opens for business unless We have agreed to an after
business hours drop off and it is shown on the Rental Agreement.
At the End of the Rental
(a)
You must return the Caravan clean and
in the same condition it was in at the Start of the Rental, reasonable wear and
tear excepted; and
(b)
pay:
(i)
the balance of the Rental Charges (if any);
(ii)
the Damage Excess if there is Damage or Third Party Loss as a result of
an Accident or the Caravan has been stolen;
(iii)
any costs We incur, including extra cleaning costs in reinstating the
Caravan to the same condition it was in at the Start of the Rental, reasonable
wear and tear excluded;
(iv)
for all Damage arising from a Major Breach of the Rental Contract;
(v)
for all Overhead Damage;
(vi)
for all Underbody Damage; and
(vii)
for any Damage caused by the immersion of the Caravan in water.
9.8
Credit card authority
Subject to these Terms and Conditions, if any amount is due to Us or
remains unpaid, including:
(a)
the Rental Charges;
(b)
tolls; fines and infringements;
(c)
fines or charges imposed for parking;
(d)
extra cleaning costs; or
(e)
the Damage Excess.
You authorise Us to debit Your credit card with that amount within a
reasonable time after the End of the Rental.
9.9
Default in payment
If You default in the payment of any moneys owed to Us under the Rental
Contract:
(a)
You must pay Us interest on
that overdue amount calculated at the rate of 10% per annum and starting 7 days
after the date that overdue amount became payable to Us and ending on the date
of payment of all amounts due;
(b)
We may engage a mercantile agent or debt collector and You must pay the reasonable costs and
charges We incur in recovering or attempting to recover that overdue amount,
including mercantile or debt collection fees, commission and any legal costs;
and
(c)
You authorise Us to provide information of that default to a credit
reporting body and to obtain an up to date consumer credit report on You.
Personal information may be used and disclosed by the credit reporting body in
accordance with the Privacy Act to create or maintain a credit information file
containing information about You, including defaults in excess of 60 days and
the debt owed to Us.
9.10
Default in payment
If You default in the
payment of any moneys owed to Us under the Rental Contract, You authorise Us to
provide information of that default to a credit reporting body and to obtain an
up to date consumer credit report on You. Personal information may be used and
disclosed by the credit reporting body in accordance with the Privacy Act to
create or maintain a credit information file containing information about You,
including defaults in excess of 60 days and the debt owed to Us.
10
Hours of Operation
10.1
We are open from Monday to Friday (8:30 am-5:00 pm) and Saturdays by
appointment only.
10.2
Our office is closed on all Queensland public holidays, including the
Easter long weekend and between Christmas and New Year.
10.3
We requests that when collecting or returning the Caravan You be in the
office one (1) hour before closing unless otherwise authorised. Please ensure
that You allow adequate time to complete the required paperwork when collecting
or returning the Caravan.
10.4
All Caravans must be collected from, and returned to, Our Brisbane
depot.
11
Cancellation
11.1
Cancellation fees apply as follows:
(a)
if cancelled 91+ days prior to pick up - No Fee;
(b)
if cancelled 90 to 32 days prior to pick up - 10% of
total Rental Charges (minimum $250);
(c)
if cancelled 31 days or less prior to pick up or no show
– 100% of total Rental Charges.
11.2
There is no refund for late pick up or early return of the Caravan.
11.3
A cancellation is not effective until acknowledged and confirmed by Us.
12
Breakdowns
12.1
Roadside assistance
We
will provide You with a Caravan that is of acceptable quality and in good working condition, but
breakdowns do occur. If the Caravan breaks down during the Rental Period You must contact Us to arrange assistance. If the fault cannot be rectified on
site We will recover and repair the Caravan as soon as possible but if it cannot be
repaired We will use Our best endeavours to provide a replacement Caravan where one is
available.
12.2
Assistance not covered
We
are not responsible for:
(a)
tyre and wheel changing;
(b)
lost keys; or
(c)
keys locked in the Caravan.
Extra charges will apply if any of these services are provided at Your
request.
12.3
Consequential loss
Subject
to the Australian Consumer Law, if the Caravan breaks down We are not responsible for:
(a)
flights You have missed;
(b)
holiday plans that are disrupted;
(c)
loss or inconvenience caused by natural
disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or
pandemics;
(d)
loss of enjoyment; or
(e)
consequential or economic loss.
⚠️ IMPORTANT
NOTICE
A
breach of any part of this clause 13 is a Major Breach of the Rental Contract.
See clause 14 for further details.
13.1
Reporting an Accident
or theft to Us
(a)
If You or an Authorised Driver has an Accident or if the
Caravan is stolen You must report the Accident or theft to Us as soon as
practicable but in no case more than 24 hours of it
occurring and fully complete an Accident/Theft report form.
(b)
The Accident/Theft report form should include as much
information as is reasonably practical, including:
(i)
the information listed in clause 13.3 regarding the
contact details for the other driver and witnesses and an
accurate written and diagrammatic description of the Accident and its location;
and
(ii)
the circumstances under which the Accident or theft
occurred.
(c)
It
must be submitted to Us
(i)
within seven (7) days of the Accident or theft, or upon
the return of the Caravan if it is returned to Us within that seven (7) day
period; or
(ii) if the Caravan is stolen, immediately the theft of the Caravan is reported to the police.
(iii)
(d)
The Accident/Theft report form must be submitted
to Us
(i)
within seven (7) days of the Accident or theft, or upon
the return of the Caravan if it is returned to Us within that seven (7) day
period; or
(ii) if the Caravan is stolen, immediately the theft of the Caravan is reported to the police.
13.2
Reporting an Accident
or theft to the police
If the Caravan is stolen or if You or an Authorised
Driver of the Caravan has an Accident where:
(a)
any person is injured;
(b)
the other party has failed to stop or leaves the scene of
the Accident without exchanging names and addresses; or
(c)
the other party appears to be under the influence of
drugs or alcohol,
You or the Authorised Driver must also report the
theft or Accident to the police.
13.3
Steps You must take
following an Accident
If You or an Authorised Driver have an Accident You and the Authorised
Driver must:
(a)
make the Caravan secure;
(b)
exchange names and addresses, phone numbers and email
addresses with the other driver;
(c)
obtain the name of the other driver's insurance company;
(d)
take a photo of the other driver's licence;
(e)
take the registration numbers of all vehicles involved;
(f)
take as many photos as is reasonable showing:
(i)
the position of the Vehicles before they are moved for
towing or salvage;
(ii)
the Damage to the Caravan;
(iii)
the damage to any third party vehicle or property; and
(iv)
the general area where the Accident occurred, including
any road or traffic signs; and
(g)
obtain the names, addresses, phone numbers and email
addresses of all witnesses.
Subsequent to the Accident of theft You and any
Authorised Driver must:
(a)
forward all third party correspondence or court documents
to Us within seven (7) days of receipt;
(b)
co-operate with Us in the investigation of any Accident
or theft claim and supply such further information as We or Our investigator
may reasonably request within seven (7) days of receipt of such a request; and
(c)
co-operate with Us in the prosecution of any legal
proceedings that We may institute or the defence of any legal proceedings which
may be instituted against You or Us as a result of an Accident, including
attending:
(i)
Our lawyer's office; and
(ii)
any Court hearing.
You and any Authorised Driver must not:
(a)
make any admission of fault;
(b)
make any offer or
promise to pay or settle any claim for Third Party Loss; or
(c)
agree to indemnify,
waive, or release any other party from liability to pay for Damage as a result of an Accident, theft of
attempted theft.
13.6
Consequences of
delayed co-operation
Not only is a
failure to comply with Your obligations under this clause 13 a Major Breach, if
there is any delay in complying with any of Your obligations under this clause,
including:
(a)
the reporting obligations in clauses 13.1 and 13.2; and
(b)
the obligations in clause 13.4 to forward third party
correspondence and court documents to Us within seven (7) days and to
co-operate with Us,
Your entitlement to
Damage Cover will be reduced according to the extent We are prejudiced in the
settlement of any claim as a direct result of that delay.
A Major Breach of the Rental Contract
occurs if there is a breach of any of the
following:
(a)
clauses:
(i)
2 (who may tow the Caravan);
(ii)
3 (prohibited use);
(iii)
4 (prohibited areas of use);
(iv)
5.6 (reasonable care);
(v)
5.7 (notification of fault); or
(vi)
5.8 (unauthorised repairs),
that causes Damage,
theft of the Caravan or Third Party Loss;
(b)
clause 13 (Accident reporting) that prevents Us from
properly investigating a claim arising from an Accident or theft or from
prosecuting or defending any Accident or theft claim; or
(c)
clause 16.2(b) (removal of Tracking Device).
If You or any
Authorised Driver:
(a)
commit a Major Breach of the Rental Contract; or
(b)
tow the Caravan in a reckless manner so that a
substantial breach of road safety legislation has occurred,
You and any Authorised Driver:
(i)
have no Damage Cover;
(ii)
are liable for all Damage, theft of the Caravan and Third
Party Loss; and
(iii)
are liable for and must
pay any additional costs or expenses We incur in recovering the Caravan.
14.3
Termination and
repossession
Acting reasonably, We may terminate the Rental Contract
and take immediate possession of the Caravan if:
(a)
there has been a Major Breach; or
(b)
there has been a breach of clause 14.2(b).
15
Personal Property
Securities Act 2009 (Cth)(PPSA)
15.1
You have no right to, or interest in, the Caravan other
than as a bailee and You must not
endeavour to obtain any other right or interest by Yourself or Your nominee.
15.2
You acknowledge
that:
(a)
the Rental
Contract may create a security interest (Security
Interest) (as that term is defined in the PPSA) in the Caravan;
(b)
We have a Security
Interest in the Caravan and the Caravan will at all times remain subject to
that Security Interest; and
(c)
We may register
the Security Interest on the Personal Property Securities Register.
16
Privacy
⚠️ IMPORTANT
NOTICE
A
breach of any part of clause 16.2(b) is a Major Breach of the Rental Contract.
See clause 14 for further details.
16.1
Personal information
(a)
Our Privacy Policy forms part of the Rental Contract.
(b)
By entering into the Rental Contract with Us You represent to Us that
You have read and understood the Privacy Policy.
(c)
You consent to Us collecting, using and disclosing Your Personal
Information in accordance with the Privacy Policy.
(a)
A Tracking Device is fitted to the Caravan to enable Us
to track the Caravan when it is out of Our possession. When You sign the Rental Agreement You are
authorising Us to use the Tracking Device to track the Caravan and record other
data relating to its use, until it is returned to Us.
(b)
You must not
tamper with the Tracking Device or remove it from the Caravan.
17
Definitions and
interpretation
17.1
Definitions
In these Terms and Conditions:
Accident means an unintended and unforeseen incident,
including:
(a)
a collision between the Caravan and another vehicle or object, including
animals and roadside infrastructure;
(b)
rollovers; or
(c)
a weather event, including hail Damage,
that results in Damage or
Third Party Loss.
Authorised Driver means any driver of a Towing Vehicle
who is approved by Us to tow the Caravan and who is recorded on the Rental
Agreement prior to the Start of the Rental.
Caravan means the Caravan
described in the Rental Agreement and includes its parts, components,
accessories and equipment.
Damage means:
(a)
any loss or damage to the Caravan that is not fair wear and tear;
(b)
towing and salvage costs;
(c)
assessing fees; and
(d)
Loss of Use,
and for the removal of doubt, any Damage to the
Caravan that makes it unroadworthy is not
fair wear and tear.
Damage Excess means the amount, including
GST, up to which You must pay Us in
the event of an Accident that causes Damage or Third Party Loss or the Caravan
has been stolen.
End of the Rental means the date and time
shown in the Rental Agreement or the date and time the Caravan is returned to
Us, whichever is the later.
Handover Inspection Report means
the document that shows the condition of the Caravan and lists any Damage at
the time of the inspection.
Incident Report Form means the
document You must complete and submit to Us if there is
Damage to the Caravan or it has been stolen.
Loss of Use means Our loss calculated
on a daily basis at the daily rate shown in the Rental Agreement because the
Caravan is being repaired or replaced if it is written off as a result of an
Accident or it has been stolen.
Major Breach means a breach of any of the clauses listed
in clause 14.1.
Off Road means any area that is neither a sealed nor Unsealed Road and includes,
but is not limited to, unformed roads, fire trails, tracks, river and tidal
crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, sand
dunes, deserts, rocks, fields and paddocks.
Overhead
Damage
means:
(a)
Damage to any part of the Caravan; or
(b)
Third Party Loss,
caused by:
(i)
contact with any part of the Caravan that is within two centimetres of
the top of the Caravan with objects overhanging or obstructing its path.
(ii)
objects being placed on the roof of the Caravan; or
(iii)
You or any person standing or sitting on the roof of the
Caravan.
Privacy Policy means Our policy for the
protection and handling of Your personal information.
Rental Charges means the charges payable
for renting the Caravan from Us together with GST and any other taxes or levies
which are all fully set out in the Rental Agreement.
Rental Period means the period commencing
at the time shown in the Rental Agreement and concluding at the End of the
Rental.
Rental
Station means the location from which the Caravan is rented, as shown on
the Rental Agreement.
Security Bond means the amount shown on
the Rental Agreement We collect from You at the Start of the Rental as security
for the Rental Charges and other fees and charges incurred during Your rental.
Start of the Rental means the date and time that
the rental commences as shown in the Rental Agreement.
Third Party Loss means loss or damage to
third party property, including other motor vehicles and any claim for third
party loss of income.
Towing Vehicle means the Vehicle used to
tow the Caravan during the Rental Period.
Tracking Device means a GPS or other device that
is fitted to the Caravan that has electronic tracking capabilities to determine
its location.
Underbody Damage means any damage to the
Caravan caused by or resulting from contact between the underside of the
Caravan and any part of the roadway or any object or obstruction, including
kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise
as a result of an impact with another vehicle.
Unsealed Road means a road that has been
formed and constructed but is not sealed with a hard material such as tar,
bitumen or concrete.
We, Us, Our, means Dimitrios Morfoulis
ATF the Morfoulis Family Trust trading as Luxury Caravan Hire ABN 28 220 532
138.
You, Your means the person, whether it is an individual,
a firm or company or government agency that rents the Caravan from Us and whose
name is shown in the Rental Agreement.
17.2
Interpretation
In
these Terms and Conditions, unless the
context otherwise requires:
(a)
headings are for convenience only and do not form part of
the Terms and Conditions or affect their interpretation; and
(b)
where You comprises two or more persons each is bound
jointly and severally.
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