BOOKING TERMS & CONDITIONS

Hire Agreement

Definitions

  • “Bond” means the amount as described in the Schedule;
  • “Caravan” means the caravan owned by the Owner and on hire to the Customer, as described in the Schedule;
  • “Customer” means the person named as such in the Schedule.
  • “Deposit” means the amount described in the Schedule to be paid by the Customer to the Owner as a holding fee for the Caravan;
  • “Force Majeure” means an act, event or cause which is beyond the reasonable control of the Owner. Without limiting the meaning of this expression it shall include:
  • An act of God, war, sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, peril of the sea, accident of navigation, fire, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, strike or other labour difficulty, epidemic, quarantine, radiation, or radioactive contamination;
  • Action or inaction of a government or other competent authority, including expropriation, restraint, prohibition, intervention, requisition, requirement, direction, embargo by legislation, regulation, decree or other legally enforceable order; and
  • Breakdown of plant, machinery or equipment or shortages of labour, transportation, fuel, power or plant, machinery, equipment or material.
  • “Premises” means the Owner’s premises as advised to the customer.
  • “Rental Fee” means the amount payable by the Customer to Owner to enable the Customer to lease the Caravan for the Term, as set out in the Schedule;
  • “Owner” means Caravan Hire Mackay (ABN 48 425 122 331);
  • “Schedule” means the schedule annexed hereto; and
  • “Term” means the duration of hire as described in the Schedule.

Hire Agreement

  • The Owner agrees to lease to the Customer and the Customer agrees to take from the Owner the Caravan for the Term, in exchange for the Rental Fee.
  • Subject to any damage noted in the Schedule, the Customer agrees to return the Caravan in the same condition as prior to the commencement of the Term.
  • The Caravan must be returned to the Premises at the conclusion of the Term, unless otherwise agreed in writing.
  • Time is of the essence of this Agreement.
  • A Deposit is payable at the time of booking the Caravan. In the event of the cancellation of the booking, the Deposit is non-refundable.
  • The Rental Fee must be paid fourteen (14) days prior to the commencement of the Term or such shorter period as agreed to by the Owner in writing. The Customer must also pay to the Owner a Bond (either by way of cash, cheque or bank deposit) fourteen (14) days prior to the commencement of the Term to cover any damage caused by the Customer to the Caravan.
  • No portion of the Rental Fee will be refunded to the Customer in the event that the Caravan is returned prior to the conclusion of the agreed Term.
  • The minimum hire period is three (3) days, excluding any period of school holidays for Queensland or New South Wales, where the minimum hire period is one (1) week (7 days).

Customer’s Warranties

  • The Customer warrants as follows:
  • That the Customer has an unrestricted driver’s licence issued by a state or territory in Australia;
  • That the Customer is over the age of twenty-five (25) years and under the age of seventy-five (75) years;
  • That the vehicle which will be used to tow the Caravan is currently registered (and will remain registered for the duration of the Term) and has comprehensive insurance, including insurance for any personal effects intended to be stored therein.
  • That the vehicle which will be used to tow the Caravan complies in all respects with all suggested manufacturer’s towing requirements for the Caravan and the tow vehicle.
  • That the Customer has knowledge and the relevant skills to tow and load/unload the Caravan from the towing vehicle.
  • Repairs, Breakdowns and Accidents
  • The Customer is not authorised to make any repairs to the Caravan whatsoever, without first liaising with the Owner and getting the Owner’s written consent.
  • In the event that the Caravan requires repairs, is damaged or requires collection, the Customer must immediately advise the Owner by telephone.
  • The Customer is responsible for contacting and notifying the Police immediately in the event of an accident.
  • The Customer is also responsible for obtaining all details required following an accident in relation to witnesses, other drivers, other vehicles and police who attend the accident.
  • If the Caravan is no longer able to be used by the Customer, the Owner may, where available, make arrangements to provide the Customer with a comparable Caravan as soon as possible.
  • The Customer shall not be entitled to recover from the Owner any sum whatsoever for any delay, inconvenience or loss of any kind due to accident, breakdown, defect or any inability to use the Caravan.
  • In the event that the Customer loses the keys for the Caravan, the Customer is liable to pay the Owner the sum of one hundred dollars ($100.00), which will be deducted from the Bond.

Hire Conditions

  • The Customer agrees to comply with the following conditions of hire during the Term:
  • No pets are permitted to enter the Caravan.
  • The Caravan is only to be driven and towed on bitumen sealed roads.
  • No items are to be stored on the floor of the Caravan as this may cause damage to the floor coverings and furniture.
  • Only the Customer may tow and otherwise use the Caravan during the Term. The Caravan is not to be sub-let or loaned to any other person. Any persons wishing to tow the Caravan must be noted as a Customer in this Agreement.
  • No smoking is permitted in or near the Caravan. The cost of rectifying any smoke smell emanating from the Caravan (including that from a camp fire) will be charged to the Customer and can be deducted from the Bond.
  • Acknowledgement of Obligations
  • The Customer provides acknowledgment of the following obligations in respect of Customer’s use and operation of the Caravan:
  • To always tow the Caravan and otherwise use the Caravan safely and with due care and consideration of others;
  • To not tow the Caravan when intoxicated by alcohol or in any way affected by drugs, prescription or otherwise;
  • To at all time comply with all lawful directions of the Owner or any other authoritative figure, such as police;
  • To comply with all policies rules and regulations relating to the use of the Caravan as supplied, displayed or otherwise advised to the Customer by the Owner and to comply with all road traffic laws;
  • To pay for any parking fines or traffic infringement notices issued plus a ten percent (10%) administrative fee, if issued to the Owner;
  • To not operate the Caravan in a manner which is contrary to relevant law;
  • To secure the Caravan in a reasonable manner when not in use to avoid theft or damage of the Caravan;
  • To not use the Caravan in a manner which will likely cause damage to it;
  • To not tow the Caravan outside of Queensland, unless prior written approval has been given by the Owner;

Exclusion of any Warranties

  • The Customer acknowledges that the Owner is not making any warranties or representations:-
  • As to the towing or operation of the Caravan;
  • That any materials provided in connection with the use of the Caravan will be fit for the purposes intended.

Obligations at end of Term

  • If the Customer wishes to extend the Term, notice must be provided to the Owner, who, upon consideration of availability, may grant an extension of the Term.
  • The Caravan is to be returned to the Premises upon expiration of the Term by 5pm that day, unless alternative arrangements made with the Owner. A late return penalty of $100 per day (or part thereof) may otherwise be charged.
  • Upon the conclusion of the Term the Caravan (including the toilet and shower, if fitted) is to be returned to the Premises in a clean and tidy condition. Failure to do so may result in cleaning charges being deducted from the Bond at the rate of $50 per hour. Failure to empty the toilet cassette (if applicable) may result in a cleaning charge of $200 being deducted from the Bond.
  • Upon the conclusion of the Term the Caravan is to be returned to the Premises. One way hire is not available. Failure to return the Caravan to the Premises will result in retrieval charges of $110 per hour for the Owner to travel to the location of the Caravan and to return it to the premises, plus any applicable daily hire charges, being deducted from the Bond.
  • Subject to any pre-existing damage noted in the Schedule, the Caravan must be returned in the same condition as at the commencement of the Term (including the condition of the awnings, shades and annexes), fair wear and tear excepted.
  • Should the Caravan be returned to the Owner in the same condition as it was prior to the commencement of the Term, the Bond will be refunded in full to the Customer, within seven (7) days of the conclusion of the Term.
  • Should the Caravan be returned with any damage or not be returned at all, the Customer authorises the Owner to apply the Bond to the repair, retrieval or other costs and/or replacement of the Caravan. The Owner reserves their right to pursue the Customer for the cost of any further repairs required to the Caravan, in excess of the Bond.
  • The Customer acknowledges that the Bond may not be available to be refunded immediately if the state of repair of the caravan cannot be assessed or any damages are yet to be quantified. The Owner will endeavour to refund any Bond within seven (7) days of the conclusion of the Term.

Release and Indemnity

  • In consideration of the Owner leasing the Caravan to the Customer, the Customer agrees that:
  • The Customer will use the Caravan solely at their own risk;
  • The Customer has inspected the Caravan and accepts it as it stands with all or any defects, whether hidden or exposed;
  • The Customer acknowledges that any damage by sea water is not covered by insurance and as such, the Customer will be solely responsible for any damage to the Caravan caused by sea water;
  • The Customer confirms that they accept the Caravan to be safe and suitably operational;
  • The Customer accepts full responsibility for any injury the Customer may suffer or for the Customer’s death and for any damage or destruction to the Caravan whether caused or contributed to by the Customer or by any other person;
  • The Customer accepts full responsibility for any injury or death of another person and for any damage to or destruction of another person’s property or other property to the extent to which the Customer has caused or contributed to such injury, death, damage or destruction by the Customer’s negligent, reckless or intentional acts or behaviour.
  • The Customer releases the Owner and the Owner’s directors, agents, employees and representatives from and against any liability for or in respect of the Customer’s injury or death and any liability for or in respect of damage to or destruction of the Caravan or other property whether caused or contributed to by the Customer’s or anyone else’s negligence, recklessness, intentional act or breach of obligation (including any damage to the tow vehicle).
  • The Customer will release the Owner from any loss or destruction of the Customer’s personal effects stored in or around the Caravan, whether occurring during the Term or following conclusion of the Term.
  • The Customer will indemnify and keep indemnified the Owner and the Owner’s directors, agents, employees and representatives from and against any liability for or in respect of the injury or death of the Customer or any other person and from and against liability for or in respect of or damage to or destruction of the Caravan or other property or other property of any other person caused or contributed to by the Customer’s negligence, recklessness, intentional act or breach of obligation.
  • The indemnities and assumptions of liability contained herein will continue in full force and effect notwithstanding the termination of this Agreement, whether by expiration of time or otherwise.
  • The Customer must on demand reimburse the Owner for all costs, charges, expenses, fees, disbursements (including all reasonable legal costs on a solicitor and own client basis and any insurance excess) paid or incurred by the Owner of or incidental to:
  • Any breach, default or repudiation of this Agreement by the Customer (including the fees of all professional consultants properly incurred by the Owner in consequence of, or in connection with, any such breach, default or repudiation);
  • The exercise or attempted exercise of any right, power, privilege, authority or remedy of the Owner under or by virtue of this Agreement.

Termination

  • The Owner may terminate this Agreement at any time and immediately repossess the Caravan if the Customer fails to comply with any of the terms of this Agreement, the Owner considers the Customer a credit risk or upon giving seven (7) days notice.
  • In such a circumstance, all amounts owing to the Owner by the Customer shall become immediately payable.

Cancellation by Customer

  • Cancellation fees apply as follows:
  • If cancelled over 30 days prior to pick-up date: 10% of the Rental Fee (if paid). The Deposit is non-refundable;.
  • If cancelled within 29-14 days of pick up date: 25% of the Rental Fee (if paid). The Deposit is non-refundable;
  • If cancelled within 13-1 days prior to pick up date: 75% of the full Rental Charges paid. The Deposit is non-refundable.
  • If cancelled on the day of pick-up or no show: No refund available

Force Majeure

  • If the Owner shall in any way be prevented from performing their obligations herein due to an act of force majeure, the Owner shall be entitled to delay performance of this Agreement or terminate this Agreement with immediate effect.
  • In such a circumstance, the Hirer shall not be entitled to make any claim for loss or damage as a result of any delay or termination.
  • In the event of termination of this Agreement pursuant to this clause, refunds to the Customer will be made as follows:
  • Prior to collection of the Caravan and through no default of the Customer, refund of all monies paid.
  • Prior to collection of the Caravan, and the Customer is in default of the Agreement, in accordance with clause 11;
  • After collection of the Caravan, balance of Rental Fee for Term remaining after Termination and Bond (less any claims by Owner).

General

  • The Owner may at any time prior to the commencement of the Term alter the Customer’s booking such as by providing a similar size and similar feature Caravan to that originally booked.
  • The Owner shall at all times remain the owner of the Caravan and the Customer shall not part with possession of the Caravan.
  • The Customer agrees that if any term of this Agreement, or any part thereof or expression therein, shall be or become invalid or unenforceable, that the remaining terms and conditions shall not be affected.
  • This agreement is binding on the Customer’s personal representatives in the event of the Customer’s death.
  • If more than one (1) person is named as the Customer for this Agreement, any obligation or covenant in this Agreement binds each person jointly and severally.
  • This Agreement will be construed in accordance with the law of the State of Queensland and the law of that State will be the proper law of the contract. The parties submit to the non-exclusive jurisdiction of the courts of that State and any courts which may hear appeals therefrom.

Caravan Hire Mackay
(ABN 48 425 122 331)