INTERPRETING YOUR RENTAL AGREEMENT
The Rental Agreement (“Rental Agreement”) between Oz Caravan Hire and You is made on the date shown on the Rental Document You have signed in respect of the Hire Equipment (“Rental Document”), and is made up of that Rental Document and these Terms and Conditions.
In these Terms and Conditions:
“Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (cth) as amended or replaced from time to time.
“Authorised Driver / Joint Renter” means: an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter. Your spouse; Your employer or a fellow employee, if either is engaged in activities that are incidental to Your business duties.
“Collection Costs” means Oz Caravan Hire’s reasonable costs of collecting unpaid rental charges from You (including Oz Caravan Hire’s legal costs) and Oz Caravan Hire Pty Ltd’s administration fee of $132.00 (incl GST) and its debt collection agents fee equal to 12% of the unpaid rental charges;
“Excess Amount” means the amount shown as Excess Amount on the Rental Agreement.
“Excess Reduction” means the product called Excess Reduction that You may purchase before the rental commences to reduce any excess amount payable;
“Hire Equipment” means Oz Caravan Hire’s equipment that may be hired by You. This may include but is not limited to caravans, camp trailers, motor homes or other recreational vehicles as described in the Tax Invoice.
“Loss Damage Waiver” means the loss damage waiver described on the Rental Agreement as LDW which reduces Your financial responsibility for loss damage to the Hire Equipment to the Excess Amount;
‘Overhead Damage’ means damage (excluding hail damage) to the Hire Equipment above the top of the door seal or the top of the front and back windscreens, or damage to the third party property, caused by the Hire Equipment coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Hire Equipment, or You or any person standing or sitting on the roof of the Hire Equipment;
“Oz Caravan Hire Oz Caravan Hire” means Oz Caravan Hire Pty Ltd ABN xx xxx xxx xxx
“Rental Charges” means the fees, costs, amounts and charges specified on the Rental Agreement.
“Rental Period” means the period commencing on the date shown on the Rental Document and ending on the date that You return the Hire Equipment to Oz Caravan Hire;
“Substitute Vehicle Insurance” means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Hire Equipment as a substitute for the vehicle insured under that policy;
“Towing Vehicle” means the vehicle used to tow the Hire Equipment as described and approved by Oz Caravan Hire on the Rental Document;
“You” or “Your” refers to the person(s) with whom the Rental Agreement is made.
1. OPERATING THE HIRE EQUIPMENT
1.1 You agree, acknowledge and warrant that:
(a) only You or an Authorised Driver will operate or drive the Hire Equipment; and
(b) You and any Authorised Driver are currently licensed to operate or drive the Hire Equipment and have been so licenced to drive for a period of 12 months or longer (excluding any time under a learner’s permit or a provisional licence); and
(c) You and the Authorised Driver are not under 25 years age; and
(d) You and the Authorised Driver have not had Your driver’s licence cancelled, endorsed or suspended within the last two years.
2. WHERE YOU CAN AND CANNOT OPERATE OR DRIVE THE HIRE EQUIPMENT
2.1 You and any Authorised Driver must only use the Hire Equipment on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road.
2.2 You and any Authorised Driver must not, unless authorised in writing by Oz Caravan Hire, operate, drive or take the Hire Equipment:
(a) to Kangaroo Island; however, if so authorised, You and any Authorised Driver must not operate or drive the Hire Equipment between dusk and dawn outside the town limits;
(b) to Fraser Island, Bruny Island, Groote Eylandt, to Gove Peninsula, Tiwi Islands, Stradbroke Islands, Moreton Island, or any island off the coast of Australia;
(c) in Queensland:
(1) on Highway No. 27 beyond Chillagoe in a Westerly direction;
(2) on Highway No. 1 beyond Normanton in a Southerly direction and no further North than Karumba;
(3) on the Coast Road from Helenvale to Cape Tribulation, or from Laura to Lakeland unless the Hire Equipment is a Four Wheel Drive;
(e) in the snow (at anytime and anywhere (including Tasmania));
(f) above the snow line in:
(1) in New South Wales (being Jindabyne); or
(2) Victoria (being Bright),
From the beginning of June until the end of September;
(g) on beaches or through streams, dams, rivers or flood waters;
(h) in the Northern Territory:
(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or
(2) outside any town or city limits between dusk and dawn.
(i) in Western Australia:
(1) to any parts North of Carnarvon;
(2) on the Gibb River, Cape Leveque Road, Widdjana Gorge, Canning Stock Route, Gunbarrel Highway and Hollard Track;
(3) beyond 100 kilometres of the Perth city limits between dusk and dawn; or
(4) otherwise, outside any town or city limits between dusk and dawn
3. USE OF THE HIRE EQUIPMENT
3.1 You and any Authorised Driver must not operate or drive the Hire Equipment in the following areas: Roads that are prone to flooding or are flooded; beaches, streams, rivers, creeks, dams and floodwaters; any road where the police or an authority has issued a warning; any road that is closed; any road where it would be unsafe to drive the Hire Equipment; any area where snow has fallen or is likely to fall; and any area that is marked Four-Wheel-Drive only.
3.2 Oz Caravan Hire reserves the right at its sole discretion to restrict Hire Equipment movements in certain areas due to adverse road or weather conditions, and the distance to nominated destinations in relation to the length of the rental period.
4. MAINTENANCE, SECURITY AND SAFETY
4.1 You and any Authorised Driver must:
(a) maintain all of the Hire Equipment’s engine oils and engine coolant levels to the manufacturer’s specifications, as set out in the Hire Equipment’s operations manual located in the glove box or otherwise as required to maintain the Hire Equipment’s efficient performance;
(b) keep the Hire Equipment locked and the keys under Your or the Authorised Driver’s personal control at all times; and
(c) comply with any applicable seat belt and child restraint laws.
4.2 You must not service the Hire Equipment or have repairs to the Hire Equipment carried out unless Oz Caravan Hire authorises You to do so. Oz Caravan Hire requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Oz Caravan Hire. Oz Caravan Hire will reimburse You for any repairs to the Hire Equipment authorised by it, provided that the cost of those repairs is verified to the extent that Oz Caravan Hire cannot verify the cost of repairs, Oz Caravan Hire will not reimburse You.
4.3 You and Oz Caravan Hire acknowledge that the Hire Equipment is generally in an undamaged condition except as otherwise stated on the Rental Document.
5. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY
5.1 Subject to this clause 5,and to the fullest extent permitted by applicable law, You are liable:
(a) for the loss of, and all damage to, the Hire Equipment; and
(b) for all damage to the property of any person:
(i) which is caused or contributed to by You or an Authorised Driver; or
(ii) which arises from the use of the Hire Equipment by You or an Authorised Driver.
This clause 5 does not apply to any damage or loss for which Oz Caravan Hire is liable to You under this Rental Agreement.
Remember that references to the “Hire Equipment” include all of its parts, components, accessories and contents (see the definition of “Hire Equipment” in clause 1).
5.2 Subject to clause 5.3, if:
(a) You accept the Loss Damage Waiver option on the Rental Document at the commencement of the Rental Period; and
(b) where applicable, You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Hire Equipment or for each separate event involving damage to the property of any third party which is caused by or arises from the use of the Hire Equipment by You or an Authorised Driver, Oz Caravan Hire:
(c) waives Your liability under clause 5.1 for damage to the Hire Equipment or loss of the Hire Equipment;
(d) provided that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver’s legal liability to a third party for damage to the property of that third party which is caused by the use of the Hire Equipment by You or an Authorised Driver.
5.3 You must always pay, and clause 5.2 does not cover:
(a) the excess shown on the Rental Document if there is damage to or loss of the Hire Equipment or if there is damage to the property of any third party;
(b) the cost of rectifying any tyre damage not attributable to normal wear and tear;
(c) the cost of repairing any damage caused deliberately or recklessly by:
(i) You;
(ii) any other driver of the Hire Equipment; or
(iii) any passenger carried during the Rental Period;
(d) the cost of repairing any damage to the Hire Equipment or to third party property caused by You or an Authorised Driver using, or permitting the Hire Equipment to be used, in any area prohibited by the Rental Agreement;
(e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Hire Equipment and objects overhanging or obstructing the path of the Hire Equipment; or
(f) the cost of repairing any water damage to the Hire Equipment or any underbody damage, and any resulting damage from that underbody damage, to the Hire Equipment.
(g) under any circumstances where the Hire Equipment has been refuelled with fuel other than that recommended by the Hire Equipment manufacturer.
(h) under any circumstances where the Hire Equipment and its keys are unsecured
5.4 For the purposes of this clause 5, You must pay for any damage or repair that may be reasonably determined by Oz Caravan Hire the amount which includes:
(a) the cost of repairs to the Hire Equipment or the market value of the Hire Equipment at the time of the loss or damage, whichever is the lesser;
(b) appraisal fees;
(c) towing, storage and recovery costs;
(d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and
(e) a per day loss of use fee based on the estimated downtime of the Hire Equipment.
If the amount determined by Oz Caravan Hire and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, Oz Caravan Hire will refund the difference to You.
6. RETURN OF HIRE EQUIPMENT
6.1 You must return the Hire Equipment to Oz Caravan Hire:
(a) to the place, on the date and by the time shown on the Rental Document (or sooner if required under clause 6.4);
(b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted;
(c) with a full tank of fuel (or otherwise pay to Oz Caravan Hire the cost to refuel the Hire Equipment).
6.2 You must return the Hire Equipment to a Oz Caravan Hire location during our normal business hours. If You return the Hire Equipment later than the time shown on the rental document, You must pay all additional rental charges.
6.3 If:
(a) You return the Hire Equipment on a date, or at a time, or to a place other than
that shown on the Rental Document; or
(b) any special conditions set out in the “Rates” section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the Oz Caravan Hire standard rate for the Hire Equipment for the Rental Period.
6.4 Oz Caravan Hire may request the immediate return of the Hire Equipment, or Oz Caravan Hire may re-take the Hire Equipment without notice, if Oz Caravan Hire reasonably suspects that:
(a) You have breached a term or condition of the Rental Agreement;
(b) damage to the Hire Equipment, or injury to persons or property is likely to
occur; or
(c) the Hire Equipment will be involved in an industrial dispute; or
(d) the Hire Equipment may be used for an unlawful purpose;
You must also pay Oz Caravan Hire any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Hire Equipment.
6.5 Oz Caravan Hire reserves the right to refuse hire of other Hire Equipment to You following any incident or accident or where You have breached a condition of this Rental Agreement.
7. CLAIMS AND PROCEEDINGS
7.1 Where the use of the Hire Equipment by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Hire Equipment or any third party property, You and/or any Authorised Driver must:
(a) promptly report such incident to the local police;
(b) promptly report such incident in writing to Oz Caravan Hire;
(c) not, without Oz Caravan Hire’s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability;
(d) permit Oz Caravan Hire or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name;
(e) permit or ensure that Oz Caravan Hire may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Oz Caravan Hire in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Oz Caravan Hire;
(f) complete and furnish to Oz Caravan Hire within a reasonable time any statement, information or assistance which Oz Caravan Hire or its insurer may reasonably require, including attending at a lawyer’s office and at Court to give evidence.
8. PAYMENT
8.1 At the end of the Rental Period, You must pay Oz Caravan Hire on demand:
(a) all charges specified on the Rental Document and all charges payable under the Rental Agreement;
(b) any amount paid or payable by Oz Caravan Hire or You to any person arising out of Your use of the Hire Equipment or imposed on You or Oz Caravan Hire by any governmental or other competent authority (such as speeding, parking and traffic fines and toll charges); and
(c) any amount for which You are liable to Oz Caravan Hire under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise.
8.2 The minimum charge You must pay for the rental of the Hire Equipment is an amount equivalent to:
(a) one day’s rental at the “daily rate” shown on the Rental Document (subject to clause 6.4); plus
8.3 You authorise Oz Caravan Hire to charge all moneys payable to Oz Caravan Hire under the Rental Agreement to Your credit card or charge account.
8.4 Oz Caravan Hire will pay any refund due to You by such method as Oz Caravan Hire may reasonably choose.
9. LIABILITY OF OZ CARAVAN HIRE
9.1 Unless it is negligent, Oz Caravan Hire is not liable to any person, and You indemnify Oz Caravan Hire, for any loss of, or damage to, any property:
(a) stolen from the Hire Equipment or otherwise lost during the rental; or
(b) left in the Hire Equipment after its return to Oz Caravan Hire.
10. CONSUMER RIGHTS STATEMENT
All Your rights set out in this Rental Agreement are in addition to Your rights as a consumer under applicable consumer protection legislation, including the Australian Consumer Law.
Your consumer rights are not excluded, modified, or restricted by this Rental Agreement. You can find out more about your consumer rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State or Territory fair trading authorities.
11. TERMINATION
11.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
11.2 You may terminate the Rental Agreement at any time for any other reason.
11.3 If the Rental Agreement is terminated early for any reason other than a breach by Oz Caravan Hire, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.
12. MISCELLANEOUS
12.1 The Rental Agreement contains the whole agreement between the parties.
12.2 Any waiver by a party of any one breach or default by the other party will not constitute a waiver of any other breach or default.
12.3 The agreement is governed by the law of the State or Territory of the Rental location. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement. The parties will not object to the exercise of jurisdiction by those courts on any basis.
12.4 The prohibitions/requirements contained in these Terms and Conditions regarding the use of the Hire Equipment extend to the vehicles used to tow the Hire Equipment.
13. PRESUMPTIONS AND INTERPRETATION
13.1 Unless the context otherwise requires:
(a) A word which denotes the singular denotes the plural and vice versa;
(b) Any gender denotes the other genders; and
(c) A person includes an individual, a body corporate and a government body.
13.2 Unless the context otherwise requires, a reference to:
(a) Any legislation includes any regulation or instrument made under it and where amended, re-enacted or replaced means that amended, re-enacted or replaced legislation;
(b) Any other agreement or instrument, where amended or replaced, means that agreement or instrument as amended or replaced.