TERMS AND CONDITIONS
A copy of Adventure Caravan Hire Terms and Conditions will be provided to all customers upon booking for reading, understanding and agreement prior to any hire.
1. Definitions
‘Hire agreement’ means the rental agreement and these Terms and Conditions
‘Hirer’ means the person or people nominated as the customer, whose driver’s license(s) and credit or debit card is presented for payment of the rental charges and are taking possession of the hire caravan through the nominated period.
‘Owner’ means Adventure Caravan Hire Pty Ltd – ACN 637 141 210
‘Hire period’ means the rental period or any agreed variation thereof and any additional period during which the Caravan is in the Hirer’s possession or control.
‘Caravan’ means the caravan owned by Adventure Caravan Hire. This includes all fixed accessories, caravan accessories (as detailed in ‘standard inclusions’) documents, all other equipment and additional hire items as provided by the owner at the commencement of hire period.
2. Hire Agreement
The Hirer is to provide a signed copy of the completed hire agreement along with the deposit payment to Adventure Caravan Hire which forms an acceptance of this hire agreement. By accepting this hire agreement, the Hirer acknowledges full responsibility for the care, security and liability of the caravan, equipment and accessories provided at all times during the period of hire.
- You accept only approved drivers will be in charge of a towing vehicle.
- You must not lend or sub-hire to or license any third party in relation to or otherwise part with possession, custody or control of the caravan.
- You acknowledge that Adventure Caravan Hire Caravans must at all times be towed in a safe manner according to road and weather
conditions and in accordance with the road laws and traffic regulations of the relevant State or jurisdiction.
- Adventure Caravan Hire reserves the right to cancel the agreement at any given time if our terms of payment are not adhered to by the Hirer.
- Adventure Caravan Hire reserves the right to refuse or cancel the hire to any persons who are deemed unsuitable Hirer’s, without being
required to give specific reasons therefor.
3. Driver Qualifications
The Hirer and any additional nominated drivers acknowledge that they:
- Are over the age of 25 years and under the age of 75 years and hold a current full driver’s licence issued in Australia and shall provide a copy of
their licence
to Adventure Caravan Hire prior to or upon collection.
- Hold full comprehensive insurance for the tow vehicle – and will provide details of insurance provider.
- Ensure the towing vehicle is registered according to state laws and is legally equipped / suitable to tow nominated caravan.
- Will not tow the Caravan whilst under the influence of alcohol or drugs.
- Will obey all state and national road laws. The Driver shall be accountable for any damage or costs associated by failing to obey with these laws
(clause 17).
- Not have been refused any motor vehicle insurance.
- Not have been found guilty of any driving offences, including driving under the influence of drugs or over the legal limit of alcohol in the last 5
years.
4. Requirements of Hirers tow vehicle
It is a requirement of Adventure Caravan Hire that the hirer’s vehicle which will be used to tow the owners caravan will be the same vehicle nominated on the hire agreement and used to both collect the caravan from Adventure Caravan Hire and for the duration of the hire period.
The hirers vehicle must be comprehensively insured and registered during the entire hire period of the caravan. Proof of both these requirements is to be provided to Adventure Caravan Hire prior to or upon caravan collection - Failure to adhere to this requirement will result in the cancellation of caravan hire.
5. Tow Vehicle Capability and braking systems
It is the responsibility of the Hirer to ensure their towing vehicle’s towing capability and loading weights comply and legally correspond to the selected Caravan. Adventure Caravan Hire do not accept any liabilities if loading capacities are breached.
If on arrival to pick-up the caravan and your towing vehicle does not comply, you will not be permitted to remove the Caravan from our premises and your booking will be regarded as a “No Show”.
All Adventure Caravan Hire Caravans have electric brakes. It is the Hirer’s responsibility to have an electric brake controller fitted to their vehicle. All caravans have a standard twelve (12) pin flat plug. It is the Hirer’s responsibility to ensure that all lights including indicator lights, brake lights, clearance lights and taillights are working correctly and functioning while connected to the tow vehicle.
The Hirer agrees that the owner (Adventure Caravan Hire Pty Ltd) shall not be liable or accountable for any costs due to equipment failure or damage
6. Payments and hire rates
6.1 All hire rates are displayed at - www.Adventurecaravanhire.com.au – and are G.S.T inclusive.
6.2 Hire days are calculated on a per calendar day basis. When calculating the number of days the caravan is hired, the day of collection is considered as
the first day of the hire – regardless of collection time. The day of the caravan’s return is counted as the final day of the hire – regardless of the drop-
off time.
6.3 Minimum hire periods are three (3) days in low season, four (4) days during peak weekends & one week (7 days) during Victorian school holiday
peak periods, unless otherwise agreed to by Adventure Caravan Hire. Minimum hire periods are subject to change by the owner and should change
occur, the hirer will be notified prior to booking confirmation.
6.4 Late collection or early drop-off does not entitle the hirer to any refund of the unused portion of the hire.
6.5 The Hirer is liable for the following payments:
- A deposit of $250 or 25% of the total hire cost (whichever is greater) is required at the time of booking to secure your caravan hire and
selected dates
- The Security Bond is required to be paid three (3) days prior to collection.
- Balance of the total hire cost (inc. security bond) is to be paid prior to collection of the Caravan (unless otherwise agreed by Adventure
Caravan Hire).
- All costs incurred by the Hirer during the hire period in respect of parking or other traffic violations will be charged to the hirer credit card
as soon as Adventure Caravan Hire becomes aware of such violations (clause 17).
7. Security Bond
A security bond is required to cover any damage caused to the caravan and provides insurance excess in the event of a collision or accident (clause 13).
The bond will be held in an account at a rate of $1000 for each caravan.
The bond is held to cover any damage, collision insurance excess, additional cleaning or replacement of equipment as required.
If during inspection damage is identified (per clause 14), your security bond will be charged to the value of the repair with a limit of the bond value.
The security bond will be refunded to you (via nominated account) within five (5) business days of the Caravan being returned on time, undamaged and in good order as inspected by Adventure Caravan Hire.
8. Cancellations and Early Returns
A cancellation fee of $50 is applicable for all cancellations.
Off-Peak periods:
- A cancellation fee of 25% of the total hire is applicable for cancellations within four (4) weeks of the booking date.
- A cancellation fee of 50% of the total hire is applicable for cancellations within two (2) weeks of the booking date.
- A cancellation fee of the total hire amount if cancelled within 7 days of the booking date or for a no show: No refund.
Peak Periods:
- A cancellation fee of 25% of the total hire is applicable for cancellations within eight (8) weeks of the booking date.
- A cancellation fee of 50% of the total hire is applicable for cancellations within four (4) weeks of the booking date.
- A cancellation fee of 75% of the total hire is applicable for cancellations within two (2) weeks of the booking date.
- A cancellation fee of the total hire amount if cancelled within 7 days of the booking date or for a no show: No refund.
Multiple caravans on 1 booking:
- As per ‘Peak Period’ cancellation fees.
Early returns for whatever reason are not refundable.
There will be no refund of deposits paid for a no show.
9. Extended Hire / Late return
If the Hirer wishes to extend hire it must be arranged and agreed to by the owner at least 48 hours prior to the completion of the hire period.
Late returns are charged at $200 per day and/or loss of security bond unless previously arranged as above.
If the caravan is abandoned the Hirer is subject to late fees and all associated costs for recovery above the value of the security bond.
10. Use of the Caravan
10.1 The Hirer agrees that, during the Hire Period, the Hirer will NOT allow the Caravan to be:
- driven or towed otherwise than in a prudent and cautious manner;
- driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;
- left with the key in the caravan while it is not occupied;
- damaged by submersion in water;
- subjected to contact with salt water;
- subjected to creek or river crossing;
- driven through flooded areas;
- driven on a beach;
- driven on corrugations;
- used for any illegal purpose or in any race, rally or contest;
- used to carry passengers or property for hire or reward;
- driven with Passengers in the caravan while being towed;
- used to carry volatile liquids, gases (other than propane gas bottles provided on caravan), explosives or other corrosive
or inflammable material; and
- used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure rental.
10.2 Road restrictions apply as follows:
- While towing, the caravan must not be used on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or
concrete). Caravans are not to be taken on any unsealed road. The Hirer is responsible for all damage if travelling on these roads as defined in
clause 15.
- Caravans are restricted to operate only on named roads which DO NOT consist of corrugations or water crossings.
- Use on unnamed 4WD specific tracks, areas or parks is not permitted. Insurance does not cover driver neglect, recklessness misuse or other
such conduct which may result in undercarriage, or otherwise damage, caused by rocks and stones, which can occur while driving on any
such unsealed roads. All caravans contain GPS tracking devices which monitor location and speed. If you tow a caravan on an unsealed road
additional charges may apply and will be deducted from your security bond or invoiced separately upon return of the caravan.
10.3 Adventure Caravan hire reserves the right, at its sole discretion, to restrict caravan movements in certain areas due to safety concerns caused by
adverse road or weather conditions, along with the distance to nominated destinations in relation to the length of the hire period. Adventure
Caravan Hire will advise if there are any travel restrictions applicable to your hire period as soon as practicable.
10.4 The Hirer shall not make any alterations or additions to the caravan without the prior written consent of Adventure Caravan Hire.
10.5 The Hirer will not allow any animals to be carried in the caravan including registered guide dogs.
10.6 The Hirer shall take all reasonable steps to properly maintain the caravan and will contact Adventure Caravan Hire immediately
should the vehicle indicate any potential malfunction.
11. Maintenance and repairs
11.1 Adventure Caravan Hire will need to be informed and will confirm any requested repairs in advance. Repairs will be approved and
reimbursement, where applicable, shall be granted provided that the Hirer was not responsible for the damage. In all cases, GST receipts must
be submitted for any repair or the claim shall not be paid.
11.2 The Hirer will pay for the cost of repairing or replacing tires damaged during the Hire Period except if the tire is defective, returned by the Hirer
to Adventure Caravan Hire for inspection and becomes subject to a warranty claim on the manufacturer.
12. Roadside Assistance
If the Hirer identifies any problems associated with the caravan, including equipment failure, it must be reported to Adventure Caravan Hire within 24 hours and Adventure Caravan Hire will seek to rectify the issue within the rental period -where possible. Failure to notify Adventure Caravan Hire may compromise any claims for compensation. Subject to clause 15, Adventure Caravan Hire reserves the right to not accept liability for any claims submitted after this period. Please contact Adventure Caravan Hire – 0428 233 958 / 0408 535 057 for any mechanical breakdown enquiries and assistance will be provided.
13. Accidents and Collisions
13.1 Should an accident / collision or incident occur, notify the Adventure Caravan Hire as soon as possible.
13.2 It is the Hirers responsibility to report any accident or incident to the police. This includes theft of / from or damage to a caravan.
13.3 If there is a collision involving any other vehicle the Hirer must obtain the following details:
- Make, model and registration of other vehicles involved.
- The full name, address and driver’s license number of persons involved.
- Name, address or contact details of any witness’s present.
- If possible, photograph damage to all vehicle(s)
- Obtain the details of any attending police
- It is the Hirers responsibility to ensure that the caravan is secured and safe from further damage whilst
repairs are taking place.
13.4 Any malicious damage to the caravan caused by the Hirer shall be repaired at the Hirers expense. This includes any fees incurred by the owner
(Adventure Hire Pty Ltd) whilst recovering monies for either replacement or repair of damage caused by the Hirer. Malicious damage is not limited
to the value of the security bond.
13.5 The Hirer agrees that the owner shall not be liable or accountable for any costs due to inconvenience, theft of any of the equipment or as a result of
damage during the period of the hire including but not limited to; meals, flights, car hire, phone calls or any other costs incurred by the Hirer.
13.6 The Hirer agrees that the owner shall not be held accountable for any damages to persons and/or property regarding the Hirer’s use of the caravan.
14. Vehicle damage liability
14.1 The Hirer acknowledges that:
- the Hirer agrees to pay $1,000 Liability (security bond) in respect of any damage incurred whilst the caravan is in the hirer’s possession;
- Insurance and liability only apply to Adventure Caravan Hire hired caravans and do not apply to the private vehicle. Damages, however
sustained, to the private vehicle and any third-party property are the hirer’s own responsibility. Adventure Caravan Hire is not
responsible for any damages caused to or by the private vehicle.
14.2 The caravan liability applies in respect of each claim made, not hire.
14.3 The $1,000 security bond is applicable regardless of who is at fault and must be paid at the time the accident report is completed, not at the
completion of the hire. The caravan Security bond will be refunded only where Adventure Caravan Hire is successful in recovering the cost of the
damages from the Third Party. Please note that Third Party Claims can take months or even years to resolve.
14.4 In the case of hiring a caravan, damage includes all damage to Third Party property, damage to the hirer caravan including (but not limited to)
windows, tires, towing and recovery costs, theft, fire, break in or vandalism. This also includes the cost of the daily rental rate for the period the
caravan(s) is being repaired. In addition to the costs associated with the claim, a processing fee of $50 and any other associated damage assessment
fees will be applicable per claim.
15. Damages
The Hirer acknowledges that they are solely responsible for all costs for the following damage and that the Hirer remains fully liable for all costs
incurred:
- for any damage due to caravan use in contravention of clause 10 ‘Use of the caravan’;
- any damage caused by wilful misconduct (e.g. sitting or standing on the roof of the caravan) and driving under the influence
of alcohol or drugs and negligence resulting in damage to the hired caravan or Third-Party vehicle/property;
- for any loss or damage to Personal belongings: Adventure Caravan Hire recommend the Hirer does not leave valuables in the
caravan and that they take out personal travel insurance;
- if the Hirer is deemed by local authorities to have been careless, negligent or wilful in failing to abide by the local road rules, resulting
in damage to the hired caravan or Third Party vehicle/property;
- the cost to retrieve or recover a caravan which has become bogged, submerged, caught, trapped, stuck or restricted in anyway and/or has
been abandoned;
- the cost to replace keys which have become lost, stolen, or retrieval of keys which have been locked in the caravan;
- overhead and underbody damage to the caravan;
- towing and vehicle recovery costs from restricted locations noted in clause 10
- for damage caused to the caravan because total load (kg) has exceeded recommended load as stated in caravan manual and compliance
plate;
- drivers not identified on the rental agreement and/or drivers that have a license that has been cancelled or suspended and/or
drivers who have a license that is classified as a learner or probationary license;
- damage however caused to the awning affixed to the caravan;
- If any article or object is tied or carried on the roof section of the caravan;
- Hard items like suit cases, eskys, BBQ etc. are not to be stored in the caravan that may mark the floor and/or fittings and no LPG gas
heaters are to be used in the caravan;
- No items provided in the caravan are to be substituted and/or replaced without permission;
- Damage sustained to caravan tires and rims outside of normal wear and tear;
- Drivers under the age of 25 years or over 75 years are not permitted to tow the caravan;
- Caravans cannot be un-hitched from the nominated private vehicle that arrived to collect the caravan and towed by another vehicle that
is unknown to Adventure Caravan Hire and/or where permission has not been given by Adventure Caravan Hire for this to occur;
- Any damage caused due to incorrect un-hitching or hitching of the caravan;
- In the case of Adventure Caravan Hire delivering a caravan to a pre-booked site on behalf of a Hirer the caravan cannot be moved from
this site by an unknown vehicle;
- The Hirer’s private vehicle does not comply with the requirements to tow a caravan;
- The Hirer does not have comprehensive motor vehicle insurance on the private vehicle and/or the private vehicle is not registered
during the hire;
- The caravan is not permitted above the snowline
16. Release and Indemnity of Adventure Caravan hire
16.1 The Hirer releases Adventure Caravan Hire, its employees and agents, from any liability to the Hirer (regardless of who is at fault), for any loss or
damage incurred by the Hirer by reason of rental, possession or use of the Caravan.
16.2 The Hirer hereby indemnifies and shall keep indemnified Adventure Caravan Hire, its employees and agents, against any claims, demands and
expenses (including legal costs) incurred or sustained by them or any of them by reason of the Hirer use and/or possession of the Caravan.
16.3 Any indemnity required of the Hirer shall not operate to indemnify Adventure Caravan Hire in respect of any negligent act by Adventure Caravan
Hire.
16.4 Nothing contained in these terms and conditions shall exclude any express or implied conditions, warranties or requirements that cannot be so
excluded under the Trade Practices Act or any other corresponding state legislation that may be applicable.
17. Toll, traffic and parking infringements or offences
Adventure Caravan Hire reserves the right to submit a statutory declaration to the issuing authority and/or charge the Hirer for any speeding, toll way, parking or other traffic infringements committed by them throughout their hire period and is subsequently received by Adventure Caravan Hire. In addition, Adventure Caravan Hire reserves the right to charge an administration fee of up to $50 for associated administration costs. This fee will be applicable per offence.
18. Termination of Agreement and Repossession of Caravan
18.1 The Hirer acknowledges that Adventure Caravan Hire may refuse any rental, terminate this Agreement and/or repossess the Caravan (and for that
purpose enter upon any premises and remove the Caravan) at any time, without notification to the Hirer, and that the Hirer will pay the reasonable
costs of repossessing the Caravan, including towing charges if:
- the Hirer is in breach of any material term of this Agreement, particularly clauses 3, 10, 22 and 23;
- the Hirer has obtained the Caravan through fraud or misrepresentation;
- the Caravan appears to be abandoned;
- the Caravan is not returned on the agreed return date or Adventure Caravan Hire reasonably believe that the Caravan will not
be returned on the agreed return date; or
- Adventure Caravan Hire considers, on reasonable grounds, that the safety of the passengers or the condition of the Caravan
is endangered.
18.2 The Hirer understands that in the event of such termination or repossession, the Hirer has no right to a refund of any part of the hire charges or the
Caravan Security bond.
19. Cleaning
19.1 The hired caravan is to be returned to the owner in a ‘clean and tidy’ condition, considering internal packing procedures to avoid damage to
inclusions. Failure to do so will incur a charge against the Hirers bond.
19.2 If the Caravan is not cleaned to a satisfactory condition, a cleaning fee will be deducted from your bond at a rate of $60.00 per hour or a maximum
of $200.00.(Adventure Caravan Hire reserves the right to deduct the relevant cleaning fee from the bond if deemed necessary).
19.3 Caravans fitted with toilets must have the toilet cartridge emptied before return or pick-up. Failure to do so will incur a charge against your bond of
$100.
19.4 Smoking is strictly prohibited in all Adventure Caravan Hire Caravans. Caravans must not be subjected to campfire or Barbeque smoke. If it is
identified that a caravan has been subject to smoke, Adventure Caravan Hire reserves the right to charge relevant costs associated with cleaning and/
or replacement of affected property against the Hirers security bond.
19.5 Pets are not permitted inside any Adventure Caravan Hire caravans. If it is identified that pets / animals have been within the caravan, Adventure
Caravan Hire reserves the right to charge relevant costs associated with subsequent cleaning and/ or any replacement of affected property against the
Hirers security bond.
20. Gas Cylinders
All Adventure Caravan Hire caravans are provided to the Hirer with two (2) full 9kg Gas bottles upon collection. Gas bottles are to be re-filled and returned in a full state on return to Adventure Caravan Hire. Failure to do so will incur an additional charge of $40 per gas cylinder - unless prior arrangements have been made with Adventure Caravan Hire.
21. Proper Law
This Agreement is governed by the laws of the state of Victoria.
22. Force Majeure
If for any reason beyond the control of Adventure Caravan Hire (including without limitation as a result of fire, flood, blackout, industrial action, theft, sabotage, accident or equipment breakdown) occurring:
- At any time prior to collection of the recreational vehicle or
- During the period of hire for a minimum of three days
Therefore preventing Adventure Caravan Hire from completing their obligations under this Hire Agreement, Adventure Caravan Hire shall be entitled to delay or terminate the Hire 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 in respect of such delay or termination.
In the event of these circumstances arising any refund of payments to the Hirer shall be given on the following basis:
Prior to collection of the vehicle - In accordance with provisions of Clause 8 except where the event giving rise to the application is not due to Hirer’s default then:
- Deposit / booking paid
- Security Bond (if paid)
During period of hire:
- Balance of rental remaining after termination plus Security Bond, less any claims by
Adventure Caravan Hire pursuant of this Agreement including reasonable cost of
returning the vehicle to the pickup location.