Terms and Conditions
$500/$1000 Security Bond & Insurance Cover
All Hirers are required to pay a $500 or $1000 refundable security bond to secure their Hire Vehicle booking depending on the type of Hire Vehicle.
All insurance cover is provided by the Owners of the Hire Vehicle and these costs are included in your daily hire rates. In the event that an accident and insurance claim OR repairs assessment is required to be made by the owners then the insurance excess amount and/or final repairs cost will be deducted from the Hirers Security Bond upon return of the Hire Vehicle.
The maximum amount that Hirers can be liable for is the total Security Bond amount paid $500 or $1000.
Cancellation Terms and Conditions
If the Hirer terminates this Agreement, then the Hirer will be liable for the following fees and charges:
(a) 10% of the full Rental Payment if terminated over 30 days prior to the Rental Commencement Date;
(b) 50% of the full Rental Payment if terminated within 7-29 days prior to the Rental Commencement Date;
(c) 75% of the full Rental Payment if terminated within 1-6 days prior to the Rental Commencement Date; and
(d) No refund if terminated on the Rental Commencement Date
Changes & Cancellation Policy: To be eligible for a full $500 deposit/bond refund, all changes & cancellations to bookings need to be made directly with Caravan and Camping Hire 8 weeks prior to the Hire booking commencement date.
If a cancellation is initiated in less than these stated times, the entire $500 deposit MAY be forfeited.
Invoices Due & Hire Agreement Emailed For Signing Details
- 2 x Invoices will be emailed to you for payment of the $1000 security bond and for the balance of Caravan Hire Fees/Brake Fees etc
- You are required to pay the BOND Invoice within 3 x days to secure your booking and all Caravan Hire fees are required to
- be paid at least 14 days prior to your departure date. (Thank you if you have already paid your part of full Bond Payment)
- PLEASE NOTE: For all Melbourne Cup Weekend/Xmas/Jan Bookings All Hire Fees Are Due Oct 1st
- PLEASE NOTE: For all following Year Easter Bookings All Hire Fees Are Due February 1st
- You will be emailed the HIRE AGREEMENT that contains the Owners contact and location details FOR YOU to arrange pick up and drop off details for your Booked Hire vehicle.
- YOU ARE REQUIRED TO SIGN THIS Hire Agreement and email back ASAP and then the owner will sign off on it before your departure
- If your vehicle isn’t fitted with Electric Brakes, you are legally required to Hire the “Portable Electric Brake Unit” as well ($100 plus GST per Hire)
General Hiring & Cleaning Requirements
- All Drivers must be 25 years or above and have comprehensive insurance on their towing vehicle
- $500 of the or the $1000 refundable bond required within 3 days to secure and confirm booking
- Balance of $1000 bond and all Hire Fees due 14 days prior to Pick Up/Departure Date or as per above
- Bond refunded in full when Hire Vehicle is returned in its’ A1 original cleaned condition
- Any Awning/Annex repair or damage costs will be deducted from the bond
- Strict ‘Cleaning inside and outside’ before returning Hire Vehicle policies in place (Bond Penalties apply)
- No Smoking in or around the Caravan please
- No Dirt track, heavy corrugation, or red dust roads without owner approval
- Return Vehicles in the same condition as when you went
- Toilets to be emptied and throughly cleaned before returning (Bond Penalties apply)
- Report all damages to Owners no matter how minor you think it is
- Do not exceed 100kms per hour when towing
- Have fun and please treat the Vehicles as if they are your own
* Surcharges Apply For Failure To Comply With These Rules
Locations and Off Road tracks/roads NOT PERMITTED
Information coming soon……
CARAVAN RENTAL AGREEMENT TERMS AND CONDITIONS
THE PARTIES AGREE AS FOLLOWS:
The following meanings apply to capitalised terms used in this Agreement unless the context otherwise requires:
“Agent” means Caravan and Camping Hire being the Agent of the Owner.
“Agreement” means this Caravan Rental Agreement.
“Caravan” means the Caravan, Camper Trailer, Campervan, Motor Home or other vehicle described in Item 5 of the Rental Schedule including all fittings spare parts, furniture, fixtures and specified in the Inventory and includes any replacement Caravan provided by the Owner.
“Claim” means all actions, suits, applications, causes of actions, arbitrations, obligations, liabilities, sums of money, accounts, charges, claims, investigations, enquiries, demands, proceedings, damages, debts, compensation, costs, determinations, verdicts and judgments whether at law or at equity or under any statute which arise from or are incidental to this Agreement and whatsoever which any party now has or at any time may have or but for this Agreement could or might have had against the another party arising out of or in any way connected with, but not limited to the subject matter of this Agreement.
“Condition Report” means a report, in a form attached as Annexure B to this Agreement, setting out the condition of the Caravan as at the Rental Commencement Date and at the Rental Termination Date of the Rental Period.
“Deposit” means 10% of the Rental Payment as specified in Item 11 of the Rental Schedule.
“Early Termination Notice” means a notice to terminate the rental of the Caravan before the end of the Rental Period.
“Early Termination Payment” means, on a specified day, an amount calculated by the Owner to compensate it for early termination of the Rental Period.
“Encumbrance” means any interest in, right or any form of security over property, including, but not limited to any mortgage, pledge, lien or charge, or any other security or preferential interest or arrangement of any kind with any creditor to have its claim satisfied in priority to other creditors.
“Event of Default” means the events so described in clause 14.1.
“Force Majeure Event” means:
(a) act of God;
(b) strike, lockout or other industrial disturbance;
(c) enemy action, war, blockade, insurrection, riot, civil disturbance, explosion or epidemic;
(d) lightning, earthquake, fire, storm or flood; or
(e) any other act, event or matter beyond the control of, or incapable of being avoided or overcome through the exercise of due diligence by, any party to this Agreement;
“GST” means goods and services under the GST Law;
“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as in force from time to time;
“Owner” means the person or persons listed as Renter in Item 1 of the Rental Schedule as the Owner, and if there is more than one, means each of them severally and every two or more of them jointly, and includes their permitted successors and assigns and where the context so requires includes the Agent.
“Inventory” means the spare parts, furniture, fixtures contained and forming part of the Caravan as outlined on Annexure A
“Party or Parties” means a party or parties to this Agreement and includes the Owner and the Renter and their permitted successors and assigns and where the context so requires includes the Agent.
“Payment Date” means each day specified as a payment date in Item 12 of the Rental Schedule.
“Public Holiday” means a gazetted public holiday in the state of Victoria.
“PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time;
“PPSR” means the Personal Property Securities Register;
“Proceeds” has the same meaning as defined in section 31 of the PPSA;
“Rental Commencement Date” means the date the rental commences as specified in Item 8 of the Rental Schedule.
“Rental Payment” means the total rental payable by the Renter to the Owner for the Rental Period as specified in Item 11 of on the Rental Schedule.
“Rental Period” means the period commencing on the Rental Commencement Date and ending on the Rental Termination Date as specified in Item 9 of the Rental Schedule and includes any variation, for whatever reason in writing, by the Owner (at its sole discretion) of the Rental Commencement Date and/or the Rental Termination Date.
“Rental Schedule” means the schedule which these Caravan Rental Agreement Terms and Conditions are annexed to and which forms part of this.
“Renter” means the person or persons listed as Renter in Item 2 of the Rental Schedule as the Renter, and if there is more than one, means each of them severally and every two or more of them jointly, and includes their permitted successors and assigns.
“Rental Termination Date” means the date the rental ends as specified in Item 10 of the Rental Schedule.
“Replacement Value” means the price of a new Caravan, or a Caravan of similar age to the rental Caravan, having specifications as nearly as possibly the same as, but at least equal in material respects to, those of the affected Caravan. In the case of a Caravan less than 4 years old, if the current model Caravan is no longer available by its manufacturer then the list price of a successor model will apply.
“Security Bond” means the amount specified in Item 11 of the Rental Schedule.
- (headings): headings and sub-headings are for convenience only and shall not affect interpretation;
- (plurality): words denoting the singular number include the plural, and the converse also applies;
- (gender): words denoting any gender include all genders;
- (cross-references): a reference to a clause, schedule, annexure or exhibit is a reference to a clause of, or schedule, annexure or exhibit to, this Agreement;
- (cognate meanings): any work or expression which is cognate to or a grammatical or linguistic variation or conversion of a defined word or expression shall have a corresponding meaning;
- (legal personality): a reference to a person includes a natural person, company, corporation, trust, partnership, joint venture, or any other incorporated or unincorporated body, society, association or entity;
- (writing): a reference to “writing” and cognate expressions includes a facsimile transmission and any other means of reproducing words in a tangible and permanently visible form;
- (document parties): a reference to a party to any document or agreement includes its successors and permitted assigns and substitutes by way of assignment or novation;
- (document amendment): a reference to any agreement or document includes that agreement or document as amended varied, novated, supplemented or replaced from time to time;
- (authorised agents): any person, persons or corporations who signs this Agreement on behalf of the Renter or the Owner warrant that for the purpose of this Agreement they are the duly authorised agent of that person. In the event that such person, persons or corporation is not the duly authorised agent of the Renter or the Owner, then in consideration of this Agreement, the person who signs this Agreement on behalf of the Renter or the Owner shall be deemed to be bound by all the terms and conditions of this Agreement as if they were the Renter or the Owner;
- (agreements): the word “Agreement” includes any security interest, guarantee, contract, deed, covenant, undertaking, condition, provision or legally enforceable agreement or arrangement, whether or not in writing, and the word “document” includes any agreement as so defined in writing or any certificate consent, notice, instrument, certificate or document of title or document of any kind;
- (legislation): a reference to legislation, including any statute enactment, ordinance, code or other legislation, or a section or provision of that legislation, includes any order, regulation, rule, by-law, proclamation or statutory instrument made or issued under that legislation any amendment, modification, consolidation, re-enactment or replacement of, or substitution for, that legislation from time to time;
- (legal rules): a reference to any “law” or anything being “legal” includes legislation, the rules of the general law, including common law and equity;
- (notices): the word “notice” includes any notice, claim, demand, consent, agreement, approval, permission, authorisation, specification, direction, disclosure, notification, request, requisition, certificate, receipt, acknowledgment, communication or appointment;
- (rights): the word “right” or “power” includes right, power, remedy, authority, discretion or option or right to make or give any request, requisition, notice or demand;
- (consents): the word “consent” includes approval, agreement, permission or authorisation;
- (partial references): a reference to monies agreements, rights, powers, undertaking, the distributor business, property, assets, things, indebtedness, liabilities, obligations, duties, covenants or undertakings includes all or any part or lesser number of any of them;
- (time references): a reference to an act being done or capable of being done or a right or power being exercised or capable of being exercised “at any time” includes both present and future time and its being done or exercised from time to time;
- (taxation): a reference to “taxes” includes taxes, levies, imposts, deductions, charges, rates, duties, compulsory loans and withholdings levied or imposed by any Governmental Agency, including without limitation income, payroll, sales, capital gains, any tax on goods and services, consumption tax or value added tax, withholding prescribed payments, land, rating, stamp, transaction, social service and workers’ compensation taxes, duties, charges, contributions, levies and obligations, together with associated interest, penalties, charges, fees or other amounts;
- (duties): a reference to “duties” means taxes limited to stamp, transaction or registration duties or similar charges levied or imposed by any Governmental Agency, excluding financial institutions duty, bank debits tax or other duties or charges passed on by any bank or financial institution, together with associated interest, penalties, charges, fees or other amounts;
- (costs): a reference to “costs” includes costs, charges, expenses, disbursements, fees, commissions insurance premium payments, levies, taxes and duties;
- (liquidation): a reference to “liquidation”, as applicable to any person, includes receivership, management, administration, compromise, arrangement, merger, amalgamation, reconstruction, winding up, dissolution, assignment for the benefit of creditors, scheme of arrangement or compromise with creditors, bankruptcy or death;
- (business day): the expression “business day” means any day on which trading banks are open for the distributor business in the place of receipt of written notice, payment of any monies, indebtedness or liability or performance of any act or obligation by any party contemplated or required pursuant to this Agreement, excluding a Saturday, Sunday or public holiday; and
- (quarters): the expression “quarter date” means the first business day of each of the months of January, April, July and October in each year occurring during the continuance of this Agreement, and “quarter” means a period commencing on a day immediately following a quarter date and terminating on the next ensuing quarter date.
- Performance Dates
Any payment, act, matter or thing required to be made or performed by the terms of this Agreement on or prior to a day, which is not a business day, shall be made or performed on or prior to the immediately following business day.
This Agreement is governed by the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and their Courts of Appeal.
- Special Conditions
If there are any special conditions set out in the any Schedule annexed hereto (Item 15), then those special conditions will override any inconsistent term of this Agreement.
- Rental Agreement
- The parties agree that this Agreement will govern the rental of the Caravan by the Owner to the Renter.
- The particulars of the rental of the Caravan by the Renter are set out in the Rental Schedule.
- The rental of the Caravan will be for the Rental Period unless terminated earlier in accordance with this Agreement.
- Following the end of the Rental Period, any continued rental of the Caravan by the Owner to the Renter will be on a daily basis, and this Agreement will continue to apply to such rental.
- Payment of Deposit, Rental Payment and Security Bond
- The Renter will pay the Security Bond/Deposit to ‘Caravan and Camping Hire’ at the time of completing the online booking/payment process.
- The Renter will pay the Rental Payment to ‘Caravan and Camping Hire’ at the time of completing the online booking/payment process or at least 14 days before the Rental Commencement Date.
- ‘Caravan and Camping Hire’ will return the Security Bond to the Renter after deduction of any money due to the Owner under this Agreement, within 14 days of Rental Termination Date.
- Pick-up and Drop-off of Caravan
- The Renter will be responsible for the pick-up and drop-off of the Caravan from the Owner at the location and before the time as specified in Items 6 and 7 of the Rental Schedule.
- If the Caravan is dropped-off later than the drop-off time then the parties agree that the Renter will be liable for an extra full day’s Rental Payment unless otherwise agreed between the parties. The parties may, by prior arrangement, agree in writing to different pick-up and drop-off locations and times to that contained in the Rental Schedule.
- Prior to pick-up the Owner will carry out an inspection of the Caravan and document same in the Condition Report.
- At pick-up of the Caravan the Owner will provide the Condition Report to the Renter, whereupon the Renter shall inspect the Caravan and approve, or otherwise, the Condition Report.
- Upon approval of the Condition Report by the Renter both parties will sign it, after which the Owner will provide a signed duplicate copy thereof, to the Renter.
- If the parties cannot agree on the Condition Report, or if the Renter does not accept the Condition Report, then the rental of the Caravan will not proceed and this Agreement, if commenced, will immediately be terminated.
- Renter’s Warranties
The Renter warrants that:
- the Caravan remains the property of the Owner at all times and that it, subject to this Agreement, has only a right to use the Caravan and must, at all times, protect the interest of the Owner of the Caravan;
- it will not grant any encumbrance, or permanently attach the Caravan to any land or property, or do anything that is inconsistent with, or may detract from the Owner’s ownership of the Caravan.
- it will at all times do everything to ensure that the Caravan is clearly identifiable as the property of the Owner.
- no person will drive the Caravan unless that person: –
(a) is over the age of 25 years and under the age of 75;
(b) is not under the influence of alcohol or a drug with an blood alcohol content exceeding the amount permitted by law in the jurisdiction in which the Caravan is operated;
(c) has not been refused motor vehicle insurance;
(d) holds a current and valid motor vehicle Driver’s Licence authorising the person to drive the Caravan:
(i) issued by a transport authority of an Australian State or Territory; or
(ii) where the Driver’s Licence is a foreign licence in a language other than English it must be accompanied by a current International Driving Permit, issued in the same country as the foreign licence was issued, or by an accredited English translation of that foreign licence; and
(iii) the Owner has the sole discretion in determining whether a person with a foreign drivers licence will be permitted to drive the Caravan.
- the Renter and/or any other persons identified in Item 3 of the Rental Schedule are the only persons permitted to use and drive the Caravan;
- if a person other than the Renter who complies with this clause is to drive the Caravan, then the Renter must be present at all times while that person is driving;
- not to drive the Caravan on any road other than a sealed road, unless specifically allowed to do so in Item 13 of the Rental Schedule;
- it is required to exercise due care when using the Caravan and is required to use the Caravan in accordance with the manufacturer’s instructions, or other instructions provided by the Owner;
- it will keep the interior and exterior of the Caravan in clean and good repair and condition;
- it will clean and keep free from blockages and obstructions the sink, lavatory, and the like;
- it will not dispose of “wet wipes”, disposable nappies or other items of personal hygiene down the lavatory;
- it will keep clean the carpets, curtains and all other items included with the Caravan and contained in the Inventory;
- it will pay for any necessary repairs or replacement goods damaged during the Rental Period;
- it will use the Caravan only as a holiday home for no more people than the maximum occupancy stated in Item 4 of the Rental Schedule and will not operate a business at the Caravan or use it for any improper, immoral or illegal purpose;
- it will not assign, sublet, charge or part with or share possession or occupation of all or part of the Caravan;
- it will not cause nuisance or annoyance to the Owner, other holiday makers or any neighbour;
- it will not to make any modifications, alterations, additions or improvements to the Caravan;
- it will not change or remove any of the Owner’s furniture, fixtures and fittings or items on the inventory;
- it will not change or install any locks on any doors or windows nor have additional keys made for any locks without the prior written consent of the Owner;
- it will not keep or allow pets of any kind in the Caravan;
- it will notify the Owner as soon as it becomes aware of any defect or damage to the Caravan, or the fixtures and fittings, or of the failure of mechanical or electrical appliance and:
- deliver the Caravan to the Owner, or to any service centre specified by the Owner from time to time, to enable the repair of any defect or damage; or
- allow the Owner, its Agent or contractors access to the Caravan at reasonable hours during the day, or to carry out urgent and unforeseen repairs, or other works to the Caravan, or to carry out maintenance of the appliances. The Owner will normally give at least 24 hours notice but the Renter will give immediate access in an emergency
- when ever the Caravan is left unattended, the Renter will fasten all locks to all doors and windows and activate any burglar alarm, to prevent unauthorised access to the Caravan.
- Parties Responsibilities
- The Owner shall be responsible for maintaining the Caravan in good working order for the Rental Period. The Rental Period shall be extended free of charge for any period of time during which the Caravan is defective and under repair by the Owner, provided the required damage or repair did not result from the Renter’s failure to fully comply with its obligations under this Agreement.
- If the Caravan becomes damaged, such that it is no longer drivable or useable as contemplated by this Agreement, and such damage is not due to the act or omission of the Renter, and further the Renter is unable to contact the Owner to organise repairs (having used all reasonable attempts to do so), then the Renter is authorised by the Owner to spend up to the maximum of $500.00 (including GST) on the minimum amount of repairs to make the Caravan drivable and useable as contemplated by this Agreement. The Renter will otherwise comply with its obligations under clause 5.21. The Owner will reimburse the Renter for any amounts spent by the Renter on repairs in accordance with this clause.
- If any defect or damage to the Caravan is caused by the Renter failing to use or maintain the Caravan in accordance with this Agreement, then the Renter shall be responsible for and shall reimburse and indemnify the Owner for the cost of repairing the defect or damage.
- Personal Properties Securities Act
- Terms used in this clause have the same meaning as in the PPS Act, unless defined separately in this Agreement.
- The Renter acknowledges and agrees that the Owner has a security interest for the purposes of the PPS Act created under this Agreement (as the accepted and adopted security agreement between the parties) in respect of the Caravan.
- Unless otherwise stated, a term contained in this Agreement that is defined in the PPS Act (but not otherwise defined in this Agreement) has the meaning given to it in the PPS Act.
- The Renter acknowledges and agrees that this security interest is registrable in PPSR and this security interest secures all moneys owing by the Renter to the Owner under this Agreement or otherwise.
- The Renter grants to the Owner where and when applicable, a purchase money security interest (PMSI) to the extent that it secures payment of the amounts owing in relation to the Caravan in accordance with, and to the extent prescribed by, section 14 of the PPSA.
- The Renter acknowledges and agrees the security interest is a continuing and subsisting interest in the Caravan with priority over any registered or unregistered general (or other) security interest and any unsecured creditor in respect of the Caravan.
- The Renter will do everything reasonably required of it by the Owner to enable the Owner to register its security interest with the priority the Owner requires and to maintain those registrations including signing any documents and/or providing any information which the Owner may reasonably require to register a financing statement or a financing change statement in relation to a security interest or correcting a defect in any such statements.
- The security interests arising under this clause will be perfected by the Owner prior to or when the Renter obtains possession of the Caravan and the Parties confirm they have not agreed that any security interest arising under this clause attaches at any later time.
- The Owner does not need to give the Renter any notice under the PPS Act (including notice of the financing statement or verification statement) unless the notice is required by the PPS Act and that requirement cannot be excluded.
- If Chapter 4 of the PPS Act would otherwise apply to the enforcement of the security interests created under this Agreement, the Renter agrees that sections 95, 96, 120, 121(4), 123, 125, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142 and 143 of the PPS Act will not apply to the enforcement of the security interest(s).
- The Renter agrees not to disclose to an ‘interested person’ (as defined in section 275(9) of the PPS Act) or any other person, any information of the kind described in section 275(1) of the PPS Act including the security agreement between the Owner and the Renter.
- The Renter agrees to keep and maintain the Caravan free of any charge, lien, or security interest except as created under this Agreement and not otherwise to deal with the Caravan in a way that will, or may, prejudice the rights of the Owner under this Agreement or the PPS Act.
- The Renter irrevocably grants to the Owner the right to enter any premises or property of the Renter without notice, and without being in any way liable to the Renter or any other person, if the Owner has cause to exercise any of its rights under the PPS Act, and the Renter agrees to indemnify the Owner against any such liability.
- The Renter must notify the Owner immediately in writing if the Renter changes its name and address for service, contact details or if there are any changes to data required to register a financing statement under the PPS Act in respect of this Agreement.
- The Owner will maintain whatever insurances it wishes against any risk relating to the Caravan. The Renter acknowledges that the Owner will not insure anything owned by the Renter.
- The Renter will not do, nor allow anyone else to do, anything that could adversely affect the Owner’s Insurance of the Caravan, or settle or compromise a claim without the Owner’s written consent, irrespective of which Party makes such a claim.
- If the Renter does anything that prejudices the Owner’s Insurance, it will be liable to the Owner for any resulting loss.
- The Renter acknowledges that in the case of any Insurance provided by the Owner, the Owner will charge the applicable excess in advance to the Renter prior to the Rental Commencement Date and that such excess will either be applied to any claims under the relevant Insurance policy or refunded to the Renter upon the conclusion of the Rental Period.
- End of Rental Period
At the end of the Rental Period:
- on the Rental Termination Date the Renter shall either drop off the Caravan at the drop-off location specified in Item 7 of the Rental Schedule or make the Caravan available for collection by the Owner at the Renter’s cost.
- if the Renter is more than 2 hours late in dropping-off the Caravan on the Rental Termination Date, then the Rental Termination Date will be the next day, or the actual drop-off day thereafter.
- upon drop-off the Renter will:
- remove all personal effects and rubbish and leave the Caravan and the Owner’s fixtures and fittings in the same clean condition and state of repair as at the Rental Commencement Date, fair wear and tear excepted;
- immediately return all the keys of the Caravan to the Owner or comply with such arrangements for the return of the keys as the Owner reasonably suggests before the Rental Commencement Date.
- upon drop-off the Owner will:
- Inspect the interior and exterior of the Caravan and compare its condition to that contained in the Condition Report agreed between the parties at the Rental Commencement Date;
- inspect the inventory to ensure that all items are accounted for and in good repair;
- if the condition of the Caravan is not in accordance with the Condition Report, or some of the items on the inventory are missing are damaged, it may deduct from the Deposit an amount estimated to restore the Caravan and/or the inventory to its Pre-Rental Commencement Date condition.
- if the Caravan displays any damage whatsoever, or some of the items on the inventory are missing or damaged, the Renter will be liable for the all costs of pertaining to the repair/restoration of the caravan to its pre Rental Commencement Date condition as contained in the Condition Report and the Renter agrees that the Owner may deduct such costs from the Deposit and/or the Security Bond.
- if the Renter does not agree to the proposed Deposit retention amount, the Owner will, at the Renter’s cost obtain a written quotation for the cost of the rectification/restoration from an independent contractor.
- the Owner may then accept the quotation and pay for the rectification/restoration work, upon which the Owner may then deduct the sum paid from the Deposit after providing copies of the quotation and the subsequent invoices to the Renter, upon which the Owner will refund the remainder of the Deposit (if any) to the Renter.
- if the Caravan, or its fixtures and fittings when dropped-off is not in a clean state, then the Owner may charge the Renter a $200.00 cleaning fee and the Renter agrees that the Owner may deduct this fee from the Deposit and/or the Security Bond.
- The Renter hereby indemnifies the Owner, its Agents, employees, successors and assigns from and against all losses, costs, expenses or damages (including legal costs on a full indemnity basis) of whatsoever kind or nature arising out of, or relating to:
- any breach or default of this Agreement by the Renter;
- any damage to the Caravan, irrespective of the cause thereof, which occurs during the Rental Period;
- any action, claim, proceeding or demand instituted or made against the Owner by a third party which arises directly or indirectly out of any conduct by the Renter in its use and/or possession of the Caravan;
- any death, personal injury, or damage to property arising out of the use and/or possession by the Renter of the Caravan;
- any loss or damage the Renter suffers because the Owner exercised any of its rights following a Default Event;
- the Owner’s costs and disbursements incurred as a consequence of it exercising its rights following a Default Event.
- This indemnity is a continuing obligation, separate and independent from the Renter’s other obligations under this Agreement.
- Exclusion of Liability
- The Renter acknowledges and agrees that:
- it has undertaken its own inspections and made its own independent enquiries in reaching its decision to enter into this Agreement;
- warranties, if any, made by the Owner in relation to the Caravan are confined to those contained in this Agreement and any term that implied into this Agreement, including, without limitation, any condition or warranty, is hereby excluded;
- notwithstanding that the Owner may be in breach or in default under this Agreement, or otherwise negligent the Owner shall not be liable in respect of any claim by the Renter (whether contractual, tortious, statutory or otherwise) for any special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of, or in connection with, the provision of the Caravan;
- the maximum liability(if any) of the Owner for any and all breaches of this Agreement will be capped at the total amounts paid by the Renter to the Owner under this Agreement;
- if a limitation of liability for breach of warranty is applies to this Agreement under the Competition and Consumer Act 2010 (Cth), then the liability of the Owner is limited, at the option of the Owner, to:
- the replacement of the Caravan or the supply of an equivalent Caravan;
- the supplying of the services again, or the payment of the cost of having the services supplied again.
- the Owner will not be liable to the Renter for any loss, damage or inconvenience caused by unavailability of the Caravan at the Rental Commencement Date, or by the Caravan not being as described in any advertisement, or by the Caravan not being suitable for the Renter’s purposes. The Owner will not be liable for any loss or inconvenience from change in drop-off location caused by a Force Majeure Event nor for any personal injury or damage to the Renter’s property caused thereby.
- The limitation and exclusion of the terms and conditions or warranty, express, or implied, contained herein shall apply to the extent permitted by law and shall not be construed as excluding, qualifying or limiting the Renter’s statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
- When calculating the number of days the vehicle is rented the day of pick-up is counted as the first day of the rental and the day of drop-off is counted as the final rental day.
- There will be no refund for early termination of the Rental Period. If the Caravan id dropped-off at any place other than the specified drop off location, pick-up fees will be charged at $75.00 per hour for the retrieval of the Caravan. There is no refund available for the unused portion of the Rental Period should the Caravan be returned earlier than the Rental Termination Date.
- The Renter is labile for the following payments:
|Rental Payment:||At time of completing online booking/payment or at least 14 days prior to the Rental Commencement Date|
|Security Bond/Deposit:||At time of completing online booking/payment or at least 14 days prior to the Rental Commencement Date|
|All costs incurred by the Renter or fines incurred by the Renter during the Rental Period:||Charged to the Renter plus a 10% administration per fine fee upon the Owner becoming aware of such violations.|
|Insurance:||Upon the Owner becoming aware that the Renter is liable to the Owner under Clause 8|
|All costs associated with loss of, or damage to the Caravan (including loss of use of the Caravan) legal expenses, towing and recovery charges where:(i) The Caravan is totally or partially immersed in water (regardless of the cause).(ii) The interior of the Caravan is damaged (regardless of the cause).(iii) The Caravan is damaged by driving it under an object lower than the height of the Caravan.||Within 7 days of receipt of repair quotation (regardless of the cause) from a reputable firm.|
- If payment is made available by credit card, the Renter authorises and agrees that the Owner will charge the Renter’s credit card or other credit card provided by the Renter with the Rental Payment, Deposit, Security Bond and all payments referred to in clause 3.
- Early Termination or Extension of Rental Period
- This Agreement may be terminated by the Owner at any time if, in its absolute discretion:
- it considers that the Renter is a credit risk or the circumstances has in any way changed;
- the Renter is in breach of this Agreement and it has not remedied such breach within 2 days after it receives notice in writing of such breach from the Owner.
- The Renter may request early termination of the Rental Period as follows:
- The Renter’s request must be by way of giving the Owner a signed Early Termination Notice at least 30 days before the Renter’s proposed early termination date specifies in the notice.
- Upon receipt of an Early Termination Notice, the Owner will calculate the Early Termination Payment and notify the Renter accordingly in writing of same.
- The Renter must on the date of termination specified in the Early Termination Notice:
- return the Caravan to the drop-off location;
- pay the Early Termination Payment; and
- pay all other amounts due and unpaid on that day.
- If the Renter terminates this Agreement then the Renter will be liable for the following fees and charges:
- 10% of the full Rental Payment if terminated over 30 days prior to the Rental Commencement Date;
- 50% of the full Rental Payment if terminated within 7-29 days prior to the Rental Commencement Date;
- 75% of the full Rental Payment if terminated within 1-6 days prior to the Rental Commencement Date; and
- No refund if terminated on the Rental Commencement Date.
- Prior to the Rental Termination Date the Renter may request an extension of the Rental Period as follows:
- The Renter’s request must be in writing to the Owner, the decision of which is at the sole discretion of the Owner;
- If the Rental Period is extended the Owner will notify the Renter in writing of the new Rental Termination Date upon which this Agreement is extended accordingly;
- Default and Consequences of Default
- A Default Event occurs under this Agreement if:
- the Renter fails to make any payment due under the terms of this Agreement for a period of 2 days from the due date thereof;
- the Renter fails to remedy a breach of this Agreement within 2 days of receiving a written notice from the Owner outlining the said breach;
- the Renter has provided false and/or misleading information/documentation pertaining to this Agreement;
- the Renter fails to drop-off the Caravan to the Owner on the Rental Termination Date;
- the Renter becomes bankrupt or insolvent, is unable to pay its debts when they are due and payable or the Renter has an administrator, official manager, receiver or liquidator appointed over it, or its assets.
- The Owner may, in its absolute discretion, terminate this Agreement upon the occurrence of a Default Event by giving a written notice thereof to the Renter.
- Upon receipt of a written notice of termination under clause 2, the Renter must immediately drop-off the Caravan to the Owner and pay:
- all outstanding Rental Payments;
- the Early Termination Payment calculated as at the drop-off date; and
- any other amounts payable by the Renter under this Agreement.
- Upon a Default Event the Owner may, at its absolute discretion, and without giving notice to Renter, remove the Caravan and may if necessary enter upon the private property of the Renter, or any other person, for that purpose.
- The Owner will not be liable to the Renter for any loss or damage the Renter suffers because the Owner exercised its rights under this clause.
- Force Majeure Event
15.1 In the event of a Force Majeure Event occurring:
- at any time prior to the pick-up of the Caravan; or
- during the Rental Period for a minimum of 3 days, preventing the Owner from completing its obligations under this Agreement, the Owner shall be entitled to delay the performance of the Agreement or terminate the Agreement by mutual agreement with the Renter or in the absence of such mutual agreement within a reasonable period of time, at its sole discretion, and the Renter shall not make any claim for loss or damages in respect of such delay or termination.
- In the event of these circumstances arising any refund of Rental Payments to the Renter shall be at the sole discretion of the Owner.
- General Provisions
The Renter acknowledges and agrees:
- that no representation warranty condition or description either express or implied is or has been made or given by the Owner as to the quality, fitness safety or otherwise of the Caravan and that all warranties and conditions whether express or implied are excluded except such conditions and warranties as are implied into this Agreement by the Australian Consumer Law, as amened.
- having inspected the Caravan before signing this Agreement and agrees that it is roadworthy, clean and in good condition and that the Condition Report fully reflects the Caravan’s condition;
- that bookings are only confirmed after the Owner receives a signed copy of this Agreement;
- it is not under any compulsion to enter into this Agreement;
- to drop-off the Caravan to the Owner in the same condition except for normal wear and tear;
- that transfers to and from the Owner, or the Caravan’s location, are not included in the Rental Payments and that it is its responsibility to arrange transport to and from the Pick-up/Drop-off locations;
- that the vehicle shall remain the property of the Owner and not to sell or otherwise part with possession of the Caravan; and
- it has taken its own advice as to the taxation, legal, accounting and financial consequences of entering into this Agreement, and has not relied on the Owner, its Agent, or the other party in relation to any of these matters.
- Compliance with Applicable Laws
The parties shall, at their own expense, comply with all legislation and make, obtain, and maintain in force at all times during the term of this Agreement, all filings, registrations, reports, licences, permits and authorisations required under legislation or order required for the parties to perform its obligations under this Agreement.
The Renter may not assign, transfer, encumber or otherwise deal with its rights pursuant to this Agreement either at law or in equity without the prior written consent of the Owner in its absolute discretion.
The parties hereto agree that time shall in all respects be of the essence of this Agreement.
- Entire Agreement
The provisions of this Agreement, including any Schedules and Annexures, constitutes the entire Agreement between the parties with respect to the subject matter hereof, and this Agreement supersedes all prior Agreements or representations, oral or written, regarding such subject matter. This Agreement may not be modified or amended except in a writing signed by the parties or by a duly authorised representative of each party.
- Waiver or Variation
(a) A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
(b) The exercise of a power or right does not preclude:
(i) its future exercise; or
(ii) the exercise of any other power or right.
(c) The variation or waiver of a provision of this Agreement or a party’s consent to a departure from a provision by another party will be ineffective unless in writing executed by the parties.
(d) No waiver of a provision will be deemed to be or will constitute a waiver of any other provision of this Agreement.
Any provision of this Agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provision of this Agreement or the validity of that provision in any other jurisdiction.
Each Party will promptly execute all documents and do all things that any other party from time to time reasonably requires of it to effect, perfect or complete the provisions of this Agreement and any transaction contemplated by it.
A communication required by this Agreement, by a party to another, must be in writing and may be given to them by being:
(a) delivered personally; or
(b) posted to their address specified in this Agreement, or as later notified by them, in which case it will be treated as having been received on the second business day after posting; or
(c) by facebook message or mobile phone sms of the party with acknowledgment of receipt received electronically by the sender, when it will be treated as received on the day of sending, or
(d) sent by email to their email address, when it will be treated as received on that day.
This Agreement may be executed in any number of counterparts each of whom will be an original but counterparts together will constitute one and the same instrument and the date of this Agreement will be the date on which it is executed by the last party.
Except to the extent stated to the contrary in this Agreement, any consent or approval pursuant to this Agreement shall not be capriciously or unreasonably reached, withheld or delayed by a party.