ABN 21 661 438 160
Hire Terms and Conditions
1 Introduction
1.1 Hire Contract
This contract to hire a Caravan from Us (Hire Contract) consists of:
(a) the agreement (Hire Agreement) You have to hire the Caravan from Us;
(b) the Handover Inspection Report; and
(c) these hire Terms and Conditions (Terms and Conditions),
and together they form binding and enforceable legal obligations.
1.2 Jurisdiction
The Hire Contract is governed by the laws of Western Australia and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.3 Australian Consumer Law
The Australian Consumer Law applies to the Hire Contract and it provides You with rights that are not excluded, restricted or modified by the Hire Contract and any provision in this contract is subject to the specific protections and guarantees in that and any corresponding Federal, State or Territory legislation.
1.4 Electronic signatures
We may use electronic signatures as a means of entry into the Hire Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Hire Contract.
1.5 Amending these Terms and Conditions
We may amend these Terms and Conditions by providing You with 30 days’ notice in writing. If You do not accept the amendments or replacement, You must return the Vehicle prior to the end of the 30 day period.
A breach of any part of this clause 2 is a Major Breach of the Hire Contract. See clause 13 for further details.
2.1 Authorised Drivers
(a) Only You or an Authorised Driver, who each meet all of the requirements of this clause 2, can tow the Caravan.
(b) Allowing anyone who is not an Authorised Driver to tow the Caravan constitutes a Major Breach of the Hire Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.
2.2 Age limits
(a) There is a minimum and maximum age limit for those renting the Caravan.
(b) You and any Authorised Driver must be at least 25 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Hire and it is shown in the Hire Agreement.
2.3 Licence requirements
(a) You and any Authorised Driver must also have a valid licence to drive the Towing Vehicle which is:
(i) issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English); and
(ii) not subject to any restriction or condition.
(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Towing Vehicle.
2.4 Cancelled and suspended licences
The Towing Vehicle must not be driven:
(a) whilst Your driver’s licence is cancelled or suspended, including as a result of an accumulation of demerit points; or
(b) if Your licence has been cancelled or suspended, within three (3) years of the date of the Hire Agreement.
2.5 False information
The Towing Vehicle must never be driven by You or any Authorised Driver who has provided a false or misleading name, age, address or driver’s licence.
The Caravan must not be towed by You or an Authorised Driver if either You or the Authorised Driver has been refused motor vehicle insurance or had a policy of motor insurance cancelled or declined by an insurer at any time prior to entering into the Hire Contract.
A breach of any part of this clause 3 is a Major Breach of the Hire Contract. See clause 13 for further details.
3.1 The Towing Vehicle must not be driven by You or any Authorised Driver:
(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
(b) recklessly or dangerously; or
(c) whilst the Caravan is damaged or unsafe.
3.2 You and any Authorised Driver must not:
(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
(b) use the Caravan:
(i) for any illegal purpose;
(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
(iii) to carry illegal drugs or substances;
(iv) in connection with the motor trade for experiments, tests, trials or demonstration purposes;
(v) to carry any weight or load that exceeds the limits for which the Caravan was designed, constructed, registered or licenced; or
(vi) in an unsafe or un-roadworthy condition;
(c) tow the Caravan at a speed in excess of the posted speed limit and in no case, at a speed that exceeds 100 kilometres per hour; or
(d) tow the Caravan with a Towing Vehicle that does not comply with the Towing Vehicle’s manufacturer’s specifications.
3.3 You and any Authorised Driver must not:
(a) damage the Caravan deliberately or recklessly or allow anyone else to do so;
(b) modify or alter the Caravan in any way and nothing is to be tied to the Caravan on the outside or top;
(c) sell, rent, lease or dispose of the Caravan; or
(d) register or claim to be entitled to register any interest in the Caravan under the Personal Property Securities Act 2009.
A breach of any part of this clause 4 is a Major Breach of the Hire Contract. See clause 13 for further details.
4.1 General prohibited areas
Subject to clause 4.2, the Caravan must never be towed:
(a) on any Unsealed Road unless:
(i) it is a well maintained road;
(ii) it is to access recognised tourist attractions, accommodation or camping grounds;
(iii) the distance travelled does not exceed one (1) kilometre; and
(iv) You reasonably consider the condition of the road surface and Your speed of travel will not cause Damage to the Caravan;
(b) Off Road; or
(c) on:
(i) roads that are prone to flooding or are flooded;
(ii) beaches, streams, rivers, creeks, dams and floodwaters;
(iii) any road where the police or an authority has issued a warning;
(iv) any road that is closed; or
(v) any road where it would be unsafe to tow the Caravan.
4.2 Off Road/Outback models
(a) Off Road/Outback models may be towed to a maximum of 20 kilometres (one way) on dirt roads and tracks provided You have Our prior written permission to do so and it is noted on the Hire Agreement.
(b) You must take the necessary steps to avoid any Damage to the Caravan, including deflating the tyres and driving according to the specific road ad weather conditions.
(c) An extra $500 off road Security Deposit will be required.
4.3 Interstate use
You must not take the Caravan outside the state of Western Australia unless You have Our written permission prior to the Start of the Hire and it is noted on the Hire Agreement.
4.4 Specific prohibited areas
Even if the Caravan is an Off Road/Outback model the Caravan must never be towed or taken:
(a) on the Gibb River Road;
(b) on the Great Central Road;
(c) on any road with excessive corrugations; or
(d) onto any island that is off the coast of mainland Australia,
unless We have given Our written permission prior to the Start of the Hire and it is noted on the Hire Agreement.
A breach of any of sub-clauses 5.7, 5.8, or 5.9 is a Major Breach of the Hire Contract. See clause 13 for further details.
5.1 Booking deposit and Hire Charges
(a) A booking deposit of 25% of the booked Hire Charges (or a minimum of $400), whichever is the larger, is due to secure Your booking. Payments can be made by credit card or direct bank deposit. If paying by credit card a surcharge of 1.75% applies.
(b) The balance of Hire Charges must be paid by cleared funds no less than 14 days prior to pick up of the Caravan and the Security Deposit must be paid as required by clause 5.3(a).
5.2 Start of the Rental
At the Start of the Hire and before collecting the Caravan You must:
(a) present Your driver’s licence and that of any Authorised Driver and permit copies of the drivers’ licences to be made and kept by Us;
(b) present Your passport if You are not an Australian citizen;
(c) present Your credit card and permit retention of the card’s details for a reasonable time after the End of the Hire; and
(d) fully inspect the Caravan to ensure its condition and any pre-existing damage is accurately noted and shown in the Handover Inspection Report and if there is any discrepancy You must notify Us prior to leaving the Hire Station.
(a) The Security Deposit ($1,500 for caravans and $1,000 for camper trailers) must be paid either by bank transfer no less than three (3) business days before pick-up of the Caravan or by credit card on the day of pick up.
(b) The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Hire Contract and is fully refundable to You ten (10) business days after the End of the Hire provided that:
(i) all amounts due to Us under the Hire Contract have been paid;
(ii) the Caravan has been returned to the Hire Station at the date and time set in the Hire Agreement;
(iii) the Caravan is clean and in the same mechanical condition as at the Start of the Hire (except for reasonable wear and tear);
(iv) there is no Damage, including to the interior or the awning, (except for reasonable wear and tear) or Third Party Loss;
(v) the equipment supplied with the Caravan is clean and in the same condition it was in at the Start of Rental, subject to reasonable wear and tear;
(vi) the gas bottle supplied with the Caravan and listed in clause 6.1(a) is returned full;
(vii) the fire extinguisher supplied with the Caravan and listed in clause 6.1(b) is unused;
(viii) the toilet cassette and cavity in the Caravan is free from waste and washed out; and
(ix) there has not been a Major Breach of the Hire Contract,
5.4 Smoking and cleaning fees
(a) You must not:
(i) smoke in the Caravan and You must prevent take reasonable steps to prevent other occupants from doing so; or
(ii) use any live flame inside the Caravan or under the annexe or awning;
(iii) light any campfire in close proximity to the Caravan; or
(iv) use the Caravan to move infectious, biohazardous or biomedical waste, unless specifically approved by Us.
(b) At the End of the Hire the Caravan must be returned cleaned inside and out, including the awning and must be deodorised from any odours including smoking and campfire smoke. .
(c) Any cleaning or deodorising required upon return, will incur a cleaning fee of $75.00 per hour which will be deducted from the Security Deposit.
5.5 Toilet cassette and cavity
Caravans fitted with toilet and shower must be returned in the same clean state and all waste material must be removed from the toilet cassette and the cavity must be washed out. If You fail to do so, You will incur a $150.00 disposal fee which will be deducted from the Security Deposit.
(a) You may use the Caravan for transporting any domestic pets, including accredited or trained assistance animals.
(b) An additional Security Deposit of $150 payable at the Start of the Rental applies and this amount will be refunded with any refund due to You under clause 5.3(b), provided there are no additional cleaning costs attributable to the carriage of the pet.
(c) Pets must never be left unattended in the Caravan, including whilst the Caravan is being towed.
5.7 Reasonable care
You and any Authorised Driver must take reasonable care of the Caravan by:
(a) making sure it is locked when unattended and that the keys are in Your possession at all times;
(b) preventing it from being damaged;
(c) making sure it protected from inclement weather;
(d) making sure it is not overloaded;
(e) not transporting or storing hard or sharp items in the interior of the Caravan, including eskies, BBQ’s and bicycles; and
(f) ensuring:
(i) the Caravan is correctly and safely connected to the Towing Vehicle and the safety chains are correctly fitted;
(ii) the Caravan’s tyres are inflated to the recommended PSI; and
(iii) the Caravan lights are working correctly.
You must inform Us immediately if the Caravan develops any fault during the Hire Period. If You fail to notify Us and continue to use the Caravan You will be responsible for any Damage or Third Party Loss.
5.9 Unauthorised repairs prohibited
You must not let anyone else repair or work on the Caravan or tow or salvage them without Our prior written authority to do so.
5.10 Authorised repairs
Where We have given You Our prior authority to repair the Caravan You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Hire Contract.
(a) You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or towing the Caravan or release of the Caravan if it has been seized by a regulatory authority.
(b) If We pay for any tolls, fines or infringements incurred by You during the Hire Period We will charge You an administrative fee for all such payments as well as charging You for the toll, fine or infringement.
5.12 Staying with the Caravan after an Accident
You must not leave the Caravan unattended following an Accident and before the arrival of a tow or salvage operator.
You must take reasonable care in the use and operation of the awning and You are responsible for any damage to the awning as a result of a failure to comply with this condition of use.
6 Equipment Supplied with the Caravan
6.1 At the Start of Hire We will supply:
(a) one (1) 9 kilogram gas bottle;
(b) a fire extinguisher; and
(c) the equipment shown on Our website according to the Caravan type hired.
6.2 If the gas bottle is not returned full You will be charged the refilling cost and if the fire extinguisher has been used You will be charged the replacement cost.
6.3 You will also be charged the replacement cost if any of the equipment listed in clause 6.1 is missing or not returned in the same condition as at the Start of Rental, subject to fair wear and tear.
7.1 Damage Excess payable
(a) Standard Damage Cover is included in the Hire Charges.
(b) Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Caravan, its theft or Third Party Loss but You must pay up to the Damage Excess of $3,000 for each Accident or theft claim unless:
(i) You have fully completed an Incident Report Form with:
(A) the name, residential address, contact phone and licence number of any person involved (Third Party);
(B) the registration number of all vehicles involved;
(C) an accurate written and diagrammatic description of the Accident and location; and
(D) the names and addresses of all attending police officers and the stations at which they are based;
(ii) We agree You were not at fault; and
(iii) the other party was insured and their insurance company accepts liability.
7.2 When is the Damage Excess payable?
Unless You have expressly authorised a charge to Your credit card at an earlier time, an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:
(a) for Accidents where the only Damage is to the Caravan, after an estimate or tax invoice verifying the amount charged for Damage has been sent to You;
(b) if the Caravan has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Caravan will be recovered; and
(c) for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.
7.3 Refund of Damage Excess paid
(a) We will refund any amount You have paid for the Damage Excess as soon as practicable:
(i) in full, if We recover the Damage from a responsible third party or their insurer or successfully reject or defend a claim for Third Party Loss;
(ii) in part, if the repair cost to the Caravan is less than the amount You have paid;
(iii) in part, if a claim for Third Party Loss is rejected or defended for an amount less than the Damage Excess; or
(iv) on a pro rata basis if We recover only a proportion of any amount We have claimed against a Third Party for Damage.
(b) In making a refund We may take into account all reasonable administrative, collection agency and legal costs incurred in connection with the recovery of the Damage cost or rejection or defence of a claim for Third Party Loss.
7.4 Claims Administration fee
All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.
8 Damage Cover Exclusions
8.1 Excluded cover
There is no Damage Cover, and You and any Authorised Driver are liable for:
(a) Damage or Third Party Loss arising from:
(i) a Major Breach of the Hire Contract; or
(ii) the Caravan being towed by any driver who is not an Authorised Driver or who is less than 25 or more than 75 years of age;
(b) Overhead Damage;
(c) Underbody Damage;
(d) Damage caused by immersion of the Caravan in water, including salt water;
(e) the full cost of replacing or repairing any accessories supplied by Us including equipment supplied by Us; and
(f) damage to the tyres or rims of the Caravan, other than by normal wear and tear and You must make good all damage to the tyres and rims with the same brand and type as currently fitted.
8.2 Personal items excluded
There is also no Damage Cover for personal items that are left in or stolen from the Caravan or for loss or damage to property belonging to or in the custody of:
(a) You;
(b) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside; or
(c) any relative, friend or associate of an Authorised Driver.
8.3 Travel insurance
We strongly recommend that You have a suitable travel insurance policy that provides cover for lost or damaged personal items and cover for unexpected eventualities, including delayed flights and delays caused by natural disasters, pandemics, industrial action and illness, over which neither You nor We have any control.
9 Hire Period, costs and charges
9.1 Your Rental
(a) The minimum Hire Period ranges from three (3) to five (5) days depending on the Caravan hired, as shown on Our website for each Caravan type.
(b) The Hire Agreement shows:
(i) the Hire Period for which You have hired the Caravan; and
(ii) the Hire Charges.
9.2 Return of the Caravan
(a) You must return the Caravan on the date and by the time shown in the Hire Agreement.
(b) If You fail to return the Caravan, We may terminate the Hire Contract and if the location of the Caravan is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Caravan as stolen to the Police.
(c) If the Caravan is returned to Us early there is no entitlement to a refund.
(d) Unless You have Our prior approval, if You return the Caravan:
(i) more than one hour after the date and time set for their return in the Hire Agreement, You will be charged one full day’s hire and thereafter a further full day’s hire at the standard rate for each 24 hour period or part thereof until the Caravan is returned to Us; or
(ii) at any time outside Our normal business hours, You must pay for the daily Hire Charges and all Damage until the Hire Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Hire Agreement.
9.3 End of the Hire requirements
At the End of the Hire You must:
(a) return the Caravan clean and in the same condition it was in at the Start of the Rental, reasonable wear and tear excepted; and
(b) pay:
(i) the balance of the Hire Charges (if any);
(ii) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Caravan has been stolen;
(iii) any costs We incur, including extra cleaning costs in reinstating the Caravan to the same condition it was in at the Start of the Rental, reasonable wear and tear excluded;
(iv) the replacement cost if the fire extinguisher or any of the equipment supplied with the Caravan is missing or damaged beyond a level of what is reasonable wear and tear;
(v) for all Damage arising from a Major Breach of the Hire Contract;
(vi) for all Overhead Damage;
(vii) for all Underbody Damage; and
(viii) for any Damage caused by the immersion of the Caravan in water.
9.4 Credit card authority
If any amount is due to Us, including the Damage Excess, or remains unpaid You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.
9.5 Default in payment
If You default in the payment of any moneys owed to Us under the Hire Contract:
(a) You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due;
(b) We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and
(c) You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
10 Cancellation
10.1 Cancellation fees
(a) You may cancel Your booking by written notice to Us prior to the Start of the Hire but the following cancellation fees apply:
Notice of cancellation provided by you |
Percentage of Hire Charges payable |
90 days or more |
Full deposit refund less $50 administration fee |
45 to 90 days |
50% of deposit |
45 to 21 days |
100% loss of deposit |
21 days or less, including on day of pick-up/no show |
Full Hire Charges as booked |
10.2 Cancellation must be acknowledged and confirmed
A cancellation is not effective until acknowledged and confirmed by Us.
11 Breakdowns
11.1 Roadside assistance
We will provide You with a Caravan that is of acceptable quality and in good working condition but breakdowns do occur. If the Caravan breaks down during the Hire Period You must contact Us on 0420 706 991 to arrange assistance. If the fault cannot be corrected on site We will recover and repair the Caravan as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Caravan where one is available.
11.2 Assistance not covered
We are not responsible for:
(a) tyre and wheel changing;
(b) lost keys; or
(c) keys locked in the Caravan.
Extra charges will apply if any of these services are provided at Your request.
11.3 Consequential loss
Subject to the Australian Consumer Law, if the Caravan breaks down We are not responsible for:
(a) flights You have missed;
(b) holiday plans that are disrupted;
(c) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
(d) loss of enjoyment; or
(e) consequential or economic loss.
⚠️ IMPORTANT NOTICE
A breach of any part of this clause 12 is a Major Breach of the Hire Contract. See clause 13 for further details.
12.1 Reporting an Accident or theft to Us
If You or an Authorised Driver has an Accident or if the Caravan is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form.
12.2 Reporting an Accident or theft to the police
If the Caravan is stolen or if You or an Authorised Driver has an Accident where:
(a) any person is injured;
(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
(c) the other party appears to be under the influence of drugs or alcohol,
You or the Authorised Driver must also report the theft or Accident to the Police.
12.3 Steps You must take following an Accident
If You or an Authorised Driver has an Accident, You and the Authorised Driver must:
(a) exchange names and addresses, phone numbers and email addresses with the other driver;
(b) obtain the name of the other party’s insurance company;
(c) take a photo of the other driver’s licence;
(d) take the registration numbers of all vehicles involved;
(e) take as many photos as is reasonable showing:
(i) the position of all vehicles before they are moved for towing or salvage;
(ii) the Damage to the Caravan;
(iii) the damage to any third party vehicle or property; and
(iv) the general area where the Accident occurred, including any road or traffic signs;
(f) obtain the names, addresses, phone numbers and email addresses of all witnesses;
(g) forward all third party correspondence or court documents to Us within 7 days of receipt; and
(h) co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer’s office or any Court hearing.
12.4 What You must not do
If You or an Authorised Driver has an Accident, You and the Authorised Driver must not:
(a) make any admission of fault;
(b) promise to pay the other party’s claim; or
(c) release the other party from any liability;
You commit a Major Breach of the Hire Contract if there is a breach of any of the following:
(a) clauses:
(i) 2 (who may tow the Caravan);
(ii) 3 (prohibited use);
(iii) 4 (prohibited areas of use);
(iv) 5.7 (reasonable care);
(v) 5.8 (notification of fault); or
(vi) 5.9 (unauthorised repairs),
that causes Damage, theft of the Caravan or Third Party Loss;
(b) clause 12 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or
(c) clause 15.2(c) (removal of Tracking Device).
If You or any Authorised Driver:
(a) commit a Major Breach of the Hire Contract; or
(b) tow the Caravan in a reckless manner so that a substantial breach of road safety legislation has occurred,
You and any Authorised Driver:
(i) have no Damage Cover;
(ii) are liable for all Damage, theft of the Caravan and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Caravan.
13.3 Termination and repossession
Acting reasonably, We may terminate the Hire Contract and take immediate possession of the Caravan if:
(a) there has been a Major Breach; or
(b) there has been a breach of clause 13.2(b).
14.1 You have no right to, or interest in, the Caravan other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.
14.2 You acknowledge that:
(a) the Hire Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Caravan;
(b) We have a Security Interest in the Caravan and the Caravan will at all times remain subject to that Security Interest; and
(c) We may register the Security Interest on the Personal Property Securities Register.
15 Privacy
⚠️ IMPORTANT NOTICE
A breach of clause 15.2(c) is a Major Breach of the Hire Contract. See clause 13 for further details.
15.1 Personal information
(a) We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
(b) When We collect Your personal information We will do so only for the purpose of providing hire services to You. If You choose not to provide this information to Us We may not be able to provide those hire services to You.
(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.
(a) A Tracking Device is fitted to the Caravan to enable Us to track the Caravan when it is out of Our possession.
(b) When You sign the Hire Agreement You are authorising Us to use the Tracking Device to track the Caravan and record other data relating to its use, until it is returned to Us.
(c) You must not tamper with the Tracking Device or remove it from the Caravan.
16 Definitions and interpretation
16.1 Definitions
In these Terms and Conditions:
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Caravan and another vehicle or object, including animals and roadside infrastructure;
(b) rollovers; or
(c) a weather event, including hail Damage,
that results in Damage or Third Party Loss.
Authorised Driver means any driver of a Towing Vehicle who is approved by Us to tow the Caravan and who is recorded on the Hire Agreement prior to the Start of the Rental.
Caravan means the Caravan described in the Hire Agreement and includes its parts, components, accessories and equipment as shown on Our website according to the Caravan type hired.
Damage means:
(a) any loss or damage to the Caravan that is not fair wear and tear;
(b) towing and salvage costs;
(c) assessing fees; and
(d) Loss of Use,
and for the removal of doubt, any Damage to the Caravan that makes it or them unroadworthy is not fair wear and tear.
Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Caravan has been stolen.
End of the Hire means the date and time shown in the Hire Agreement or the date and time the Caravan is returned to Us, whichever is the later.
Handover Inspection Report means the document that shows the condition of the Caravan and lists any Damage at the time of the inspection.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Hire Agreement because the Caravan is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.
Major Breach means a breach of any of the clauses listed in clause 13.1.
Off Road means any area that is neither a sealed nor Unsealed Road and includes, but is not limited to, unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, sand dunes, deserts, rocks, fields and paddocks.
Overhead Damage means:
(a) Damage to any part of the Caravan; or
(b) Third Party Loss,
caused by:
(i) contact with any part of the Caravan that is within two centimetres of the top of the Caravan with objects overhanging or obstructing its path.
(ii) objects being placed on the roof of the Caravan; or
(iii) You or any person standing or sitting on the roof of the Caravan.
Hire Charges means the charges payable for renting the Caravan from Us together with GST and any other taxes or levies which are all fully set out in the Hire Agreement.
Hire Period means the period commencing at the time shown in the Hire Agreement and concluding at the End of the Rental.
Hire Station means the location from which the Caravan is rented, as shown on the Hire Agreement.
Security Deposit means the amount shown on the Hire Agreement We collect from You at the Start of the Hire as security for the Hire Charges and other fees and charges incurred during Your hire .
Start of the Hire means the date and time that the hire commences as shown in the Hire Agreement.
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Towing Vehicle means the Vehicle used to tow the Caravan during the Hire Period.
Tracking Device means a GPS or other device that is fitted to the Caravan that has electronic tracking capabilities to determine its location.
Underbody Damage means any damage to the Caravan caused by or resulting from contact between the underside of the Caravan and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.
Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.
We, Us, Our, means Camping Hire AU Pty Ltd trading as Camping Hire WA ABN 21 661 438 160.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Caravan from Us and whose name is shown in the Hire Agreement.
16.2 Interpretation
In these Terms and Conditions, unless the context otherwise requires:
(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and