TERMS AND CONDITIONS OF HIRE

1. AGE, LICENCE, INSURANCE AND INFORMATION CONCERNING THE HIRER

  1. Each hirer must be 25 years of age as at the date of this agreement.
  2. Only the person or persons named as hirer are permitted to drive the vehicle towing the hired item;
  3. Throughout the period of hire each hirer is to be the holder of a valid licence (excluding a learners, provisional or restricted licence) which licence is recognised by authorities as enabling each hirer to drive the vehicle towing the item hired;
  4. At the time of signing the offer to hire each hirer must produce to the owner two (2) forms of identification documents one of which is to include a photograph and current residential address with respect to each hirer. The owner is authorised to take and retain copies of the identification documents;
  5. Prior to the commencement of hire the hirer must produce to the owner such documentation as is necessary to satisfy the owner that the hirer has comprehensive insurance for the towing vehicle. The owner is authorised to take and retain copies of the insurance documents;
  6. The Hirer warrants the information contained in the items schedule concerning the Hirer is true and correct.


2. BOOKINGS AND BOOKING DEPOSITS

  1. If an offer to hire is made more than 3 weeks before the commencement of hire a booking deposit of 25% of the total hire charge is to be paid to the owner at the time of signing the offer with the balance of the hire charge payable 3 weeks before the start of hire;
  2. Any offer to hire made within 3 weeks of commencement of the hire period must be accompanied with the full hire charge;
  3. Payment of the booking deposit and hire charge is to be by cash, credit card (VISA, Mastercard) bank cheque, money order or by direct deposit;
  4. In the event of a cancellation of a booking the owner in assessing whether there is to be a refund of any of the sum paid to the hirer shall be entitled to retain such sum as is reasonably assessed by the owner for administrative expenses relating to the agreement and the loss of rental for declining to hire the caravan/camper trailer to another person on account of this booking and any other loss referred to in Clause 7.


3. MINIMUM HIRE PERIOD

  1. A minimum hire period of 2 weeks is applicable during Queensland and New South Wales school holiday periods and for the period from 1 December to 31 January unless otherwise agreed to by the Owner.


4. SECURITY PERIOD

  1. A security Bond of $1,000.00 is payable by credit card to the owner and must be paid at or before collection of the hired item.
  2. The security bond is fully refundable within 7 days of completion of hire provided the hired item is returned on time and undamaged and in a clean and tidy condition;
  3. The owner may in addition to its other rights deduct from the security bond any late return fees payable by the hirer to the owner and any loss suffered by the owner as a consequence of damage or loss concerning the hired item.


5. COLLECTION AND RETURN OF THE HIRED ITEM & LATE RETURN FEE

  1. The hirer shall collect the hired item at the time and place specified in the Schedule;
  2. The hirer shall return the hired item by the time and at the place specified in the Schedule;
  3. In the event the hirer fails to return the hired item by the time and at the place specified in the Schedule the hirer shall pay to the owner all loss suffered by the owner as a consequence of the delay. Such loss may include the loss of subsequent bookings as a consequence of the delay.
  4. The minimum late hire charge shall be $500.00 per 24hour period or part thereof calculated from the time due for return to the time of actual return of the caravan/camper trailer.


6. TRAVEL RESTRICTIONS AND OBLIGATIONS

  1. The [item hired] must be towed, operated and used in a cautious and prudent manner in accordance with manufacturers specifications and in conditions which are suitable for the towing of the hired item.
  2. The caravan/camper trailer shall only be towed on sealed/bitumen roads.
  3. The caravan/camper trailer must not be driven on roads designated unlawful or unsuitable for towing caravans or camper vans. Excluded roads include the Tamani Track, Canning Stock Route, Gibb River Road and Sturt Stoney Desert areas and any other roads or areas as notified by the owner on reasonable grounds.
  4. The caravan/camper trailer must not be driven on a beach, dirt roads or in fresh or salt water or below high water mark.
  5. The towing vehicle must use the braking mechanisms supplied with the caravan/camper trailer.
  6. The towing vehicle must at all times when towing comply with towing capacity specifications and all regulations and laws relating to the driving of vehicles and towing including the compliance with drug and alcohol laws.
  7. To comply with all laws relating to and ensure that all indicator brake reverse and other lighting are operational.
  8. The hirer must rectify any fault with respect to lighting and or brakes before continuing with any travel.
  9. If the caravan/camper trailer becomes unsafe it is not to be towed any further and the fault is to be immediately reported to the owner.
  10. The hirer must not sublease or otherwise lend or part with possession of the caravan/camper trailer.
  11. The hirer must pay for all legal infringements and tolls incurred during the hire period and if required reimburse the owner for any expenditure paid by the owner in this regard.
  12. The hirer must keep the caravan/camper trailer locked and secured at all times it is unattended.
  13. No article is to be tied to or carried on the caravan/camper trailer.
  14. Where applicable, no article is to be tied to or carried on the spare tyre.
  15. No alterations are to be effected to the caravan/camper trailer and no item is to be removed from it.
  16. The hired item must be returned in the condition as at commencement of the hire and in clean and tidy condition.
  17. The hirer must comply with any reasonable instructions issued by the owner and with any notice or specification attached to the [item hired].
  18. No smoking is allowed in the caravan/camper trailer.
  19. No pets are allowed in the caravan/camper trailer.
  20. No gas or liquid fuel heaters are to be carried in or used in the caravan/camper trailer.
  21. The caravan/camper trailer must be cleaned only with fresh water and a cloth.
  22. No detergents or cleaning agents, severe scrubbing or high-pressure hoses are to be used on the caravan/camper trailer.
  23. No abrasive cleaners, abrasive cloths or abrasive sponges are to be used on any of the finishes to the caravan/camper trailer.
  24. The hirer must immediately report to the Police and the owner any accident involving the item hired, malicious damage caused to it or theft of it or any component of it.
  25. The hirer must immediately report to the owner any event involving damage or loss to the hired item or any part of it.
  26. In the event of an accident involving another vehicle the hirer must obtain the registration, make, model, colour of the other vehicle and the name, address and driver’s licence details of the other driver involved in the accident and the name and address of any witnesses and provide those details to the Police and the owner.
  27. The Hirer must not carry on or in the caravan/camper trailer any volatile liquids, gases, explosives or other corrosive, dangerous, combustible or inflammable material except with its design capacities.
  28. The hirer must not use the caravan/camper trailer for any illegal purpose.
  29. The hirer must not allow more than the maximum number of people as specified in the schedule to operate use or occupy the caravan/camper trailer.
  30. The hirer must ensure that any person occupying using or operating the caravan/camper trailer complies with all of the provisions of this clause.


7. INDEMNITY AND LOSS

  1. 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 this Agreement, negligence, malicious or tortious act or other wrongdoing by the Hirer or a person occupying using or operating the caravan/camper trailer and without limiting the foregoing, the Hirer shall indemnify the Owner for:
  1. all damage to or loss of the caravan/camper trailer howsoever arising to the extent to which the same is not recoverable under any policy or insurance or on account of any act or omission or breach of this agreement by the hirer or any act or omission of a person operating using or occupying the caravan/camper trailer except to the extent caused or contributed by the owner.
  2. 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, operation or towing of the caravan/camper trailer except to the extent caused or contributed by the owner;
  3. the cost of rectifying all tyre damage not attributable to fair wear and tear;
  4. overhead damage or underbody damage to the caravan/camper trailer;
  5. water damage to the caravan/camper trailer
  6. replacing any accessory not attributable to fair wear and tear.
  7. excess payable by the owner on its insurance.


8. INTERPRETATION

Unless a contrary intention appears:-

  1. The singular includes the plural and vice versa.
  2. A reference to a party includes a reference to that party’s executors, administrators and successors.
  3. The words importing natural persons include partnerships, or corporations.
  4. An agreement representation or warranty in favour of two or more persons is in favour of them jointly and severally.
  5. An agreement, representation or warranty made by two or more persons binds them jointly and severally.


9. TERMINATION

  1. The owner may in addition to its other rights immediately terminate this agreement for any breach by the hirer of any provision expressly provided for in this agreement or implied by law.
  2. In the event of termination of this agreement the owner shall immediately be entitled to retake possession of the caravan/camper trailer.  


10. SEVERENCE

  1. If any term of this agreement is or becomes legally ineffective, illegal or invalid it will be severed and the effectiveness, validity or enforceability of the remainder will not be affected.
 
 

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