The Owner has agreed to rent the Recreational Vehicle to the Hirer and the Hirer has agreed to accept the rental on the terms and conditions contained in this Agreement.
In this Agreement:
- ‘Agreement’ means this Caravan/Recreational Vehicle Rental Agreement.
- ‘Balance Due’ means the amount in Hire Details / Order Details.
- ‘Deposit’ means the amount in Hire Details / Order Details.
- ‘Hirer’ means the party listed as Hirer in the Parties Schedule.
- ‘Owner’ means the party listed as Owner in the Parties Schedule.
- ‘Rental Charge’ means the amount in Hire Details / Order Details.
- ‘Security Bond’ means the amount in Hire Details / Order Details.
- ‘Vehicle’ means the vehicle described in Hire Details / Order Details.
In this Agreement, unless the context otherwise requires, references to:
(a) parts, clauses, subclauses, paragraphs and schedules are to parts, clauses, subclauses, paragraphs and schedules in this Deed;
(b) the singular includes the plural and vice versa;
(c) any gender includes all other genders; and
(d) a person includes a corporation and an association whether incorporated or not.
The clause headings appearing in this Deed are inserted for convenience of reference and shall not affect the construction of this Deed.
3. Authorised Agents
Any person, persons or corporations who sign this Agreement on behalf of the Hirer warrant that for the purpose of this Agreement they are the duly authorised agent of the Hirer. In the event that such person, persons or corporation is not the duly authorised agent of the Hirer, then in consideration of this Agreement, the person who signs this Agreement on behalf of the Hirer shall be deemed to be bound by all the terms and conditions of this Agreement as if they were the Hirer.
4. Hire Details / Order Details
The Hirer must complete the details required in the online Booking Form.
5. Offer and Acceptance
The Hirer understands that completion of the online Booking Form (including acceptance of these Terms and Conditions) AND payment of the Deposit will constitute the Offer from the Hirer to rent the vehicle which will be open for the Owner to accept, at the Owner’s sole discretion which may not be unreasonably withheld, by acceptance of the booking and sending email confirmation of receipt of the Deposit Paid.
6. Driver’s Qualifications
The Hirer warrants that no person will drive the vehicle 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 vehicle is operated;
(c) has not been refused motor vehicle insurance;
(d) holds a current and valid motor vehicle drivers license authorising the person to drive the vehicle issued by a transport authority of an Australian State or Territory.
(e) has not had motor vehicle insurance cancelled.
(f) has not been convicted of a criminal offence in the last 5 years.
7. Driver’s License
The Hirer must produce on pick-up the drivers licences for all persons listed in the Agreement who will be driving the vehicle. Should a foreign licence be 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. The Owner has the sole discretion in determining whether a person with a foreign drivers licence will be permitted to drive the vehicle.
8. Vehicle Pick up and Drop off
Vehicle pick-up and drop-off must be between the hours shown in Hire Details / Order Details. Vehicles must be picked up and dropped off at the location in Hire Details / Order Details. Vehicles returned late will be charged a full day rental penalty unless prior arrangement has been made. After hours pick-up and drop-off may be made by prior arrangement only.
9.1 Hirer’s Liability for Payment*
The Hirer is liable for the following payments:
(a) Deposit of the Rental Charge: (25% of Rental Charge or $200.00 whichever is greater).
Due; Upon execution of this Agreement.
(b) Security Bond and Balance of Rental Charge:
Due; Funds to be cleared Ten days prior to pick up of the vehicle.
(c) All costs incurred by the hirer in respect of parking or any other traffic violations during the period of rental.
Due: Charged to the hirer plus a 10% administration fee per fine, whenever the Owner becomes aware of such violations.
(d) Insurance Excess: Standard Excess $1200.00 (Additional Age / Conditional excesses may apply)
Due: In the event of damage by cause other than circumstances described in Clause 9.1.e.i
(e) All costs associated with loss of, or damage to the recreational vehicle (including loss of use) cost of the vehicle, legal expenses, towing and recovery charges where:
(i) The vehicle is totally or partially immersed in water (regardless of the cause. Subject to Insurance Policy Definitions.)
(ii) The interior of the vehicle is damaged (regardless of the cause).
(iii) The vehicle is damaged by driving it under or into an object lower than the height of the vehicle.
(iv) The vehicle is damaged as a result of breaching Section 21. Restrictions of Operation.
(v) All damage to Awning and Awning fittings (regardless of cause).
(vi) The vehicle is not returned to the Drop Off location.
Due: Within seven days of receipt of repair quotation from a reputable firm.
9.2 Bond Payments
The Bond shall be refunded to the Hirer upon the return of the vehicle and within one week subject to the Owner’s entitlement to retain from the Security Bond any amount payable pursuant to clause 9.1 and in breach of restrictions as described but not limited to below:
(a) The Vehicle is not to be altered in any way. Nothing is to be tied to the vehicle on the outside or top.
(b) No heavy, hard or sharp items are to be transported or stored in the vehicle interior. e.g Eskies, BBQ’s, Bikes
(c) The pull out awning must not be left out in wind or wet conditions, or when the vehicle is unattended.
(d) Replacement cost of any item found to be broken, missing, damaged or lost, either on the interior or exterior including but not limited to the detailed caravan contents list – as sighted upon pickup – will be deducted from the bond.
(e) The hirer is expected to make good all damaged tyres and rims with the same brand & type as currently fitted. Failure to do so will incur such cost being deducted from the bond.
(f) The coupling lock as supplied must be fitted when the vehicle is unattended.
Any Vehicle fitted or supplied with a toilet, must be emptied and cleaned prior to return. Failure to do so will incur a $60.00 disposal fee – to be deducted from the bond. All vehicles must be returned cleaned inside & out, including awning. Any cleaning required upon return, will incur a cleaning fee of $75.00 per hour.
In the event of an accident, it is the Hirers responsibility to ensure the completion of the “Accident Information Form” located in individual Caravan Information Pack, and in the event of an insurance claim, complete & return claim forms as requested.
12. Daily Hire Conditions
The Owner calculates the hire of a vehicle on a per calendar day basis (within depot hours) i.e irrespective of the time of collection or return within those hours. When calculating the number of days the vehicle is rented the day of pick-up is counted as the first day of the rental. The day of drop-off is counted as the final rental day.
13. Rental Time Extensions
Rental time extensions or drop-off location changes are at the discretion of the Owner and rely entirely on future demand and availability. Any request for an extension MUST be communicated as soon as practicable and possible and must be approved.
14. Early Drop Off
There will be no refund for early termination of a rental or Hire Agreement. If a vehicle is left at any place other than the drop off location, pick-up fees will be charged AUD$75.00 per hour for the retrieval of the vehicle. There is no refund available for the unused portion of the rental should the vehicle be returned earlier than the time agreed. Caravan recovery fees are charged from time of leaving the depot till return to depot.
Cancellation fees apply as follows:
(a) If cancelled over 30 days prior to pick-up date: 10% of the full rental charges.
(b) If cancelled within 7-29 days of pick-up date: 50% of the full rental charges.
(c) If cancelled 1-6 days prior to pick-up date: 75% of full rental charges.
(d) If cancelled on the day of pick-up or no show: No refund available
16. Unauthorised and Prohibited Use
The following persons must not drive the Vehicle:
(a) Any person who is not identified on the Rental Agreement
(b) Any person whose blood alcohol concentration exceeds the lawful percentage.
(c) Any person whose driver’s licence has been cancelled or suspended.
(d) Any person who is under the influence of legal or illicit drugs.
(e) Any person who holds a learner’s permit or a probationary license.
All insurance cover will be void if any of the above terms are breached.
17. The Owner’s Liability
The Owner will not be liable to the Hirer for any loss, damage or inconvenience caused by delayed delivery of the vehicle, or by the vehicle not being as described in any advertisement, or by the vehicle not being suitable for the Hirer’s purposes. The Owner will not be liable for any loss or inconvenience from change in drop-off location caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, etc, nor for any personal injury or damage to The Hirer’s property caused thereby.
18. Representations and Warranties
18.1 The Hirer acknowledges 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 vehicle 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 Trade Practices Act 1974.
18.2 The Hirer acknowledges having inspected the vehicle before signing this Agreement and agrees that it is roadworthy, clean and in good condition. The Hirer agrees to return the vehicle to the Owner in the same condition except for normal wear and tear.
19. Ownership of Vehicle
The vehicle shall remain the property of the Owner and the Hirer shall not sell or otherwise part with possession of the vehicle.
20. Insurance Excess Liability
The Owner’s insurance policy has an excess in the amount in Hire Details / Order Details. The Hirer will be responsible for the payment of the excess in respect of any damages, howsoever caused. In the event of damage to the vehicle, the Bond will not be refunded until full settlement of the claim is achieved.
21. Restrictions on Operation
21.1 The Hirer agrees that the vehicle will not be operated on unsealed roads other than dirt roads to access certain camping grounds and national parks. The vehicle is not permitted to travel over rocky roads, swollen creeks, rivers or beaches and is not permitted on any marked 4WD roads. The cost of repairing any damage caused by breaching this restriction will be the sole responsibility of The Hirer.
21.2 The vehicle is Non Smoking.
22. Valuables / Hirer’s Contents
The Owner assumes no liability for valuables left in or stolen from the vehicle and insurance on personal property is the Hirer’s responsibility. All Personal Items left in the Caravan on return will incur an Administration fee of $25.00 plus postage if return is required. Items will be able to be picked up by arrangement for a period of 21 days.
Transfers to and from the Owner are not included in the rental price. It is the responsibility of the Hirer to arrange transport to and from the Pick Up/Drop Off Locations.
24. Booking Confirmation
Bookings are only confirmed after the Owner receives a copy of the completed online Booking Form by the Hirer and the Deposit is paid.
The Hirer shall indemnify and keep indemnified the Owner from and against all claims, loss, damages and expenses whatsoever, incurred directly or indirectly by reason of any breach of the Agreement, negligence, tortuous act or other wrongdoing by the Hirer and without limiting the foregoing, the Hirer shall indemnify the Owner specifically for:-
(a) all damage to or loss of the vehicle howsoever arising to the extent to which the same is not recoverable under any policy or insurance;
(b) injury to or death of any person and damage to any property and all claims damages losses and expenses howsoever arising from or incidental to the possession use or operation of the vehicle;
(c) the cost of rectifying all tyre damage not attributable to normal wear and tear;
(d) the costs of rectification of all undercarriage damage;
(e) the cost of repairing all body damage unless such damage can be attributed to a specific accident on a public road;
(f) the costs of returning the vehicle to the Owner should the vehicle breakdown or be damaged or need towing (regardless of the cause);
(g) the costs of rectification of damages to suspension, chassis, axles, wheels or other damages caused by abnormal use, misuse or abuse of the vehicle
(h) the costs of replacing any missing equipment.
The Agreement may be terminated by the Owner at any time if, in its absolute discretion, it considers that the The Hirer is a credit risk, the Hirer is in breach of the Agreement or in any event on the provision of 7 days notice in writing by the Owner to the The Hirer. If termination occurs, the Owner is no longer required to place any Advertisement on the Website and all outstanding sums owed to the Owner by the The Hirer shall become due and payable immediately.
27. Private Caravan Hire
The Owner and the Hirer acknowledge that if the parties were introduced through the website www.privatecaravanhire.com.au operated by Private Caravan Hire, that Private Caravan Hire is not a party to this Agreement and is not liable in any way for any loss or damage arising from this Agreement.
28.1 Entire Agreement
The Agreement is the entire agreement between the Owner and the Hirer in respect of its subject matter and all conditions, warranties and terms implied by custom, general law or statute that are not expressly set out in the Agreement are excluded to the maximum extent permitted by law.
The Owner may assign any of its rights or obligations under the Agreement to any third party at any time without notice to the Hirer. The Hirer may not assign any of its obligations under the Agreement without the prior written consent of the Owner.
28.3 Force Majeure
If for any reason beyond the control of the Owner (including without limitation as a result of fire, flood, blackout, industrial action, theft, sabotage or equipment breakdown) occurring:
(a) At any time prior to collection of the recreational vehicle or
(b) During the period of hire for a minimum of three days
Therefore preventing the Owner from completing their 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 Hirer or in the absence of such mutual agreement within a reasonable period of time, at their sole discretion and the Hirer shall not make any claim for loss or damages respect of such delay or termination.
In the event of these circumstances arising any refund of payments to the Hirer shall be on the following basis:
1. Prior to collection of the vehicle: In accordance with provisions of Clause 14 except where the event giving rise to the application of this Clause 28.3 is not due to Hirer’s default then:
i) Deposit paid
ii) Balance of Security Bond (if paid)
2. During period of hire: Balance of rental remaining after termination plus Security Bond less any claims by the Owner pursuant of this Agreement including reasonable cost of returning the vehicle to the pick- up location
No waiver of any right under the Agreement or delay in enforcement or any other indulgence shall affect the rights of a party under the Agreement and all the rights and powers of that party will remain in full force and effect not withstanding any such waiver, delay or other indulgence.
28.5 No Merger
The obligations of the Hirer in respect of agreements, consents, covenants and warranties contained in these Terms shall remain in full force and effect and are not extinguished upon termination of the Agreement.
28.6 No Amendment
The Agreement shall not be varied except by a document in writing signed by the parties.
28.7 Governing Law and Jurisdiction
The Agreement shall be read and construed according to the law of the State or Territory as executed on page 12 and the parties irrevocably agree that any dispute relating to the Agreement shall be determined in a Court of the State or Territory on page 12.