1. Introduction
1.1 Rental Contract
Your contract to hire a Campervan or Caravan from Us (Rental Contract) consists of:
(i) the agreement (Rental Agreement) You have to hire the Campervan or Caravan from Us;
(ii) the Handover Inspection Report; and
(iii) these rental Terms and Conditions (Terms and Conditions).
(b) These documents that comprise the Rental Contract create binding and enforceable legal obligations and Your signature on the Rental Agreement confirms Your acceptance of those legal obligations and that You are bound by them.
1.2 Jurisdiction
The Rental Contract is governed by the laws of the Commonwealth of Australia and the state of Queensland and You agree that Queensland courts have non-exclusive jurisdiction to determine any dispute that arises between You and Us.
1.3 Australian Consumer Law
You have consumer rights conferred by The Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies:
(a) Part 2-3 of The Australian Consumer Law relating to unfair contract terms; or
(b) any implied terms, guarantees or rights You may have under The Australian Consumer Law or any other Federal, State or Territory legislation.
1.4 Electronic signatures
We use electronic signatures as a means of entry into the Rental 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 Rental 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 Campervan or Caravan prior to the end of the 30 day period.
2. Who may tow the Caravan?
IMPORTANT NOTICE
A breach of any part of this clause 2 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may result in the Campervan or Caravan being repossessed. 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 drive the Campervan or tow the Caravan.
(b) Allowing anyone who is not an Authorised Driver to drive the Campervan or tow the Caravan constitutes a Major Breach of the Rental 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
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 Rental and it is shown in the Rental Agreement.
2.3 Licence requirements
(a) You and any Authorised Driver must have a current valid licence to drive the Campervan or tow the Caravan.
(b) Your licence must be:
(i) issued in an Australian state or territory or an international licence written in English, or if not in English is accompanied by either:
(A) a valid International Driving Permit; or
(B) an accurate translation of Your licence into English, issued by the National Accreditation Authority for Translators and Interpreters (NAATI) that includes a full explanation written in English of any condition to which Your licence is subject and the category of vehicle for which Your licence was issued;
(ii) valid for the state or territory in which the Vehicle is driven if the licence was issued in a different state or territory or an overseas country;
(iii) appropriate for the class of the Towing Vehicle; and
(iv) not subject to any restriction or condition.
2.4 Cancelled and suspended licences
The Campervan must not be driven and the Caravan must not be towed:
(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 Rental Agreement.
2.5 False information
The Campervan must not be driven and the Caravan must not be towed if You have failed to disclose or have misrepresented any information in relation to the licence requirements of this clause 2.
2.6 Prior insurance history
The Campervan must not be driven and 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 Rental Contract.
3. Prohibited Usage
IMPORTANT NOTICE
A breach of any part of this clause 3 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may result in the Campervan or Caravan being repossessed and You being liable for all costs and fees incurred by Us in recovering and repossessing the Campervan or Caravan. See clause 13 for further details.
3.1 Prohibited driving
The Campervan must not be driven and the Caravan must not be towed 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 Campervan or Caravan is damaged or unsafe.
3.2 Prohibited use
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 Campervan or 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 Campervan or Caravan was designed, constructed, registered or licenced; or
(vi) in an unsafe or un-roadworthy condition; or
(c) tow the Caravan with a Towing Vehicle that does not comply with the Towing Vehicle’s manufacturer’s specifications.
3.3 Prohibited actions
You and any Authorised Driver must not:
(a) damage the Campervan or Caravan deliberately or recklessly or allow anyone else to do so;
(b) modify or alter the Campervan or Caravan in any way and nothing is to be tied to the Campervan or Caravan on the outside or top;
(c) sell, rent, lease or dispose of the Campervan or Caravan; or
(d) register or claim to be entitled to register any interest in the Campervan or Caravan under the Personal Property Securities Act 2009.
4. Prohibited areas of use
IMPORTANT NOTICE
A breach of any part of this clause 4 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may result in the Campervan or Caravan being repossessed. See clause 13 for further details.
4.1 General prohibited areas
The Campervan must not be driven and the Caravan must not be towed:
(a) on any Unsealed Road unless:
(i) it is a well maintained road;
(ii) it is to be used 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 Campervan or Caravan;
(b) Off Road;
(c) in any area where snow has fallen or is forecast to fall;
(d) on:
(i) roads that are prone to flooding or are flooded;
(ii) beaches;
(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; or
(e) through streams, rivers, creeks, dams and floodwaters.
4.2 Specific prohibited areas
The Campervan must not be driven and the Caravan must never be towed:
(a) to Kangaroo Island; however, if so authorised, You and any Authorised Driver must not drive the Campervan or tow the Caravan between sunset and sunrise 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) into or out of:
(i) the Northern Territory;
(ii) Tasmania; or
(iii) to any points in Western Australia north of Carnarvon;
(d) in Queensland:
(i) on Highway No. 27 beyond Chillagoe in a Westerly direction;
(ii) on Highway No. 1 beyond Normanton in a Southerly direction and no further north than Karumba;
(iii) beyond Cooktown to the North or Lakeland to the West and no further than Cape Tribulation on the Coast Road;
(iv) on the Coast Road from Helensvale to Cape Tribulation, or from Laura to Lakeland;
(e) above the snow line in:
(i) in New South Wales (being Jindabyne); or
(ii) Victoria (being Bright);
(f) in the Northern Territory:
(i) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or
(ii) outside any town or city limits between sunset and sunrise.
(g) in Western Australia:
(i) to any parts north of Carnarvon;
(ii) on the Gibb River, Cape Leveque Road, Windjana Gorge, Canning Stock Route, Gunbarrel Highway and Hollard Track;
(iii) beyond 100 kilometres of the Perth city limits between sunset and sunrise; or
(iv) otherwise, outside any town or city limits between sunset and sunrise.
5. Your obligations
IMPORTANT NOTICE
A breach of any of sub-clauses 5.6, 5.7, or 5.8 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may result in the Campervan or Caravan being repossessed. See clause 13 for further details.
5.1 Booking deposit and Rental Charges
(a) A booking deposit of 25% of the booked Rental Charges, whichever is the larger, is due to secure Your booking. Payments can be made by credit card or direct bank deposit.
(b) The balance of Rental Charges and the Security Deposit must be paid by cleared funds no less than 30 days prior to pick up of the Campervan or Caravan.
5.2 Start of the Rental
At the Start of the Rental and before collecting the Campervan or 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; and
(c) fully inspect the Campervan or 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 Rental Station.
5.3 Security Deposit
The Security Deposit will be retained by Us as a security for the performance of any of Your obligations and liabilities under the Rental Contract and is fully refundable to You ten (10) business days after the End of the Rental provided that:
(a) all amounts due to Us under the Rental Contract have been paid;
(b) the Campervan or Caravan has been returned to the Rental Station at the date and time set in the Rental Agreement;
(c) the Campervan or Caravan is clean and in the same mechanical condition as at the Start of the Rental (except for reasonable wear and tear);
(d) there is no Damage, including to the interior or the awning, (except for reasonable wear and tear) or Third Party Loss;
(e) the equipment supplied with the Campervan or Caravan is clean and in the same condition it was in at the Start of Rental, subject to reasonable wear and tear;
(f) the toilet cassette and cavity in the Caravan is free from waste and washed out;
(g) the fire extinguisher supplied with the Campervan or Caravan and listed in sub-clause 7.1(b) is unused; and
(h) there has not been a Major Breach of the Rental Contract.
5.4 Pets/Smoking – cleaning fees
(a) You must not:
(i) use the Campervan or Caravan for transporting any pets or animals, except accredited or trained assistance animals, unless specifically approved by Us;
(ii) smoke in the Campervan or Caravan and You must take reasonable steps to prevent other occupants from doing so; or
(iii) use any live flame inside the Campervan or Caravan or under the annexe or awning;
(iv) light any campfire in close proximity to the Campervan or Caravan; or
(v) use the Campervan or Caravan to move infectious, biohazardous or biomedical waste, unless specifically approved by Us.
(b) At the End of the Rental the Campervan or Caravan must be returned cleaned inside and out, including the awning and must be deodorised from any odours including smoking, including campfire smoke.
(c) Any cleaning or deodorising required upon return, will incur a cleaning fee of $110 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 $199 disposal fee which will be deducted from the Security Deposit.
5.6 Reasonable care
You and any Authorised Driver must take reasonable care of the Campervan or 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 is 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 Campervan or 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 Towing Vehicle has an electric brake controller fitted and operational at all times during the Rental Period;
(iii) the Caravan’s tyres are inflated to the recommended PSI; and
(iv) the Caravan lights are working correctly.
5.7 Notification of fault
You must inform Us immediately if the Campervan or Caravan develops any fault during the Rental Period. If You fail to notify Us and continue to use the Campervan or Caravan You will be responsible for any Damage or Third Party Loss.
5.8 Unauthorised repairs prohibited
You must not let anyone else repair or work on the Campervan or Caravan or tow or salvage them without Our prior written authority to do so.
5.9 Authorised repairs
Where We have given You Our prior authority to repair the Campervan or 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 Rental Contract.
5.10 Staying with the Campervan or Caravan after an Accident
You must not leave the Campervan or Caravan unattended following an Accident and before the arrival of a tow or salvage operator unless:
(a) You or a passenger have been injured and require medical attention; or
(b) You are directed to do so by the police or emergency services.
5.11 Operating the awning
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. Rental Period, costs and charges
6.1 Your Rental
(a) The minimum Rental Period is three (3) days.
(b) The Rental Agreement shows:
(i) the Rental Period for which You have hired the Campervan or Caravan; and
(ii) the Rental Charges.
6.2 Cancellation
(a) You may cancel Your booking by written notice to Us prior to the Start of the Rental but the following cancellation fees apply:
| Notice of cancellation provided by you | Percentage of Rental Charges payable |
|---|---|
| 30–22 days | 10% |
| 21–7 days | 20% |
| 6–2 days | 50% |
| On day before and day of pick-up and ‘no show’ | 100% |
(b) A cancellation is not effective until acknowledged and confirmed by Us.
6.3 Tolls, fines and infringements
(a) You and any Authorised Driver must pay:
(i) Tolls;
(ii) fines or charges imposed for parking;
(iii) infringements and fines imposed for speeding and other driving offences; and
(iv) fines or charges imposed for release of the Campervan or Caravan if it has been seized by a regulatory authority.
(b) An administrative fee applies if We are required to nominate You as the responsible driver if any fine or infringement is unpaid.
6.4 GST
(a) Unless otherwise indicated, all fees and charges are inclusive of GST.
(b) If GST is stated as not inclusive, You are liable for any GST payable.
7. Equipment Supplied with the Campervan or Caravan
7.1 What is supplied
At the Start of Rental We will supply:
(a) two 8 kilo gas bottles;
(b) one 1 kilo fire extinguisher; and
(c) equipment as noted on the Rental Agreement.
7.2 End of the Rental charges
You will be charged replacement costs if any of the equipment listed in sub-clause 7.1 is missing or not returned in the same condition as at the Start of Rental, subject to fair wear and tear.
8. Damage Cover
8.1 Damage Excess payable
(a) Standard Damage Cover is included in the Rental Charges.
(b) Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Campervan or Caravan, its theft or Third Party Loss but You must pay up to the Damage Excess of $3,500 for Caravans and $5,000 for Campervans, for each Accident or theft claim.
8.2 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 single vehicle Accidents:
(i) if the Campervan or Caravan has substantial Damage and We reasonably believe the cost of repairs or replacement cost will exceed the Damage Excess amount, the full Damage Excess; or
(ii) if the Damage is not substantial, the amount We have reasonably estimated to be the cost of repair, but not more than, the Damage Excess;
(b) if the Campervan or Caravan has been stolen, after We have made reasonable enquiries and, in Our opinion, it is unlikely the Campervan or 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.
8.3 Exemption from paying the Damage Excess
You will not have to pay the Damage Excess shown in the Hire Agreement for a claim for Damage or Third Party Loss if:
(a) You have fully completed an Incident Report Form with:
(i) the name, residential address, contact phone and licence number of any person involved (Third Party);
(ii) the registration number of all vehicles involved;
(iii) an accurate written and diagrammatic description of the Accident and location; and
(iv) the names and addresses of all attending police officers and the stations at which they are based;
(b) You have taken all necessary steps to assist Us in Our investigation of the Accident or theft claim;
(c) We believe You were not at fault; and
(d) You have supplied or We have established the name of the insurer of any Third Party You believe was at fault and their insurer will agree to pay Us for the Damage.
8.4 Claims Administration fee
All Accident, attempted theft and theft claims will incur a claims administration fee of $110 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.
9. Damage Cover Exclusions
9.1 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 Rental Contract; or
(ii) the Campervan being driven or 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 Campervan or 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 Campervan or 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.
9.2 Delayed co-operation exclusion
Your entitlement to Damage Cover will be reduced to the extent We are prejudiced as a result of any delay by You or any Authorised Driver in complying with Your obligations under clause 11 of these Terms and Conditions.
9.3 Personal items excluded
There is also no Damage Cover for personal items that are left in or stolen from the Campervan or 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.
9.4 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.
10. Breakdowns
10.1 Roadside assistance
(a) We will provide You with a Campervan or Caravan that is of acceptable quality and in good working condition but breakdowns do occur.
(b) If the Campervan or Caravan breaks down during the Rental Period you must contact us on 07 4439 5200 (Monday – Friday 08:30-4pm office hours ) Out of hours Hayden 0433 000 113 to arrange assistance. If the fault cannot be corrected on site We will recover and repair the Campervan or Caravan as soon as possible but if it cannot be repaired, We will use Our best endeavours to provide a replacement Campervan or Caravan where one is available.
10.2 Assistance not covered
(a) We are not responsible for:
(i) tyre and wheel changing;
(ii) lost keys; or
(iii) keys locked in the Campervan or Caravan.
Extra charges will apply if any of these services are provided at Your request.
(b) Roadside assistance does not apply if:
(i) the incorrect fuel type is used in the Campervan; or
(ii) the breakdown is caused by a Major Breach,
and You are liable for any additional costs incurred or Damage caused.
10.3 Consequential loss
Subject to the Australian Consumer Law, if the Campervan or 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.
11. Accident Reporting
IMPORTANT NOTICE
A breach of any part of this clause 11 is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may result in the Campervan or Caravan being repossessed. See clause 13 for further details.
11.1 Reporting an Accident or theft to Us
(a) If You or an Authorised Driver has an Accident or if the Campervan or Caravan is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.
(b) The Accident/Theft report form should include as much information as is reasonably practical, including:
(i) the information listed in clause 11.3 regarding the contact details for the other driver and witnesses and an accurate written and diagrammatic description of the Accident and its location; and
(ii) the circumstances under which the Accident or theft occurred.
(c) The Accident/Theft report form must be submitted to Us:
(i) within seven (7) days of the Accident or theft, or upon the return of the Campervan or Caravan if it is returned to Us within that seven (7) day period; or
(ii) if the Campervan or Caravan is stolen, immediately the theft of the Campervan or Caravan is reported to the police.
11.2 Reporting an Accident or theft to the police
If the Campervan or Caravan is stolen or if You or an Authorised Driver of the Campervan or Caravan 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.
11.3 Steps You must take following an Accident
If You or an Authorised Driver have an Accident You and the Authorised Driver must:
(a) make the Campervan or Caravan secure;
(b) exchange names and addresses, phone numbers and email addresses with the other driver;
(c) obtain the name of the other driver’s insurance company;
(d) take a photo of the other driver’s licence;
(e) take the registration numbers of all vehicles involved;
(f) take as many photos as is reasonable showing:
(i) the position of the vehicles before they are moved for towing or salvage;
(ii) the Damage to the Campervan or 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; and
(g) obtain the names, addresses, phone numbers and email addresses of all witnesses.
11.4 Subsequent assistance
Subsequent to the Accident or theft You and any Authorised Driver must:
(a) forward all third party correspondence or court documents to Us within seven (7) days of receipt;
(b) co-operate with Us in the investigation of any Accident or theft claim and supply such further information as We or Our investigator may reasonably request within seven (7) days of receipt of such a request; and
(c) co-operate with Us in the prosecution of any legal proceedings that We may institute or the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:
(i) Our lawyer’s office; and
(ii) any Court hearing.
11.5 What You must not do
You and any Authorised Driver must not:
(a) make any admission of fault;
(b) make any offer or promise to pay or settle any claim for Third Party Loss; or
(c) agree to indemnify, waive, or release any other party from liability to pay for Damage as a result of an Accident, theft or attempted theft.
11.6 Consequences of delayed co-operation
Not only is a failure to comply with Your obligations under this clause 11 a Major Breach, if there is any delay in complying with any of Your obligations under this clause, including:
(a) the reporting obligations in clauses 11.1 and 11.2; and
(b) the obligations in clause 11.4 to forward third party correspondence and court documents to Us within seven (7) days and to co-operate with Us,
Your entitlement to Damage Cover will be reduced according to the extent We are prejudiced in the settlement of any claim as a direct result of that delay.
12. End of Rental
12.1 Return of the Campervan or Caravan
(a) You must return the Campervan or Caravan:
(i) to the Rental Station;
(ii) on the date and by the time shown in the Rental Agreement;
(iii) in a reasonable state of cleanliness; and
(iv) in the same mechanical condition it was in at the Start of the Rental, fair wear and tear excepted.
(b) The Campervan must be returned with a full tank of fuel and if You fail to do so a refuelling charge of $55 plus the cost of the fuel will apply.
(c) If You fail to return the Campervan or Caravan, We may terminate the Rental Contract and if the location of the Campervan or Caravan is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Campervan or Caravan as stolen to the Police.
(d) If the Campervan or Caravan is returned to Us early there is no entitlement to a refund.
(e) Unless You have Our prior approval, if You return the Campervan or Caravan:
(i) more than one hour after the date and time set for their return in the Rental Agreement, You will be charged one full day’s rental and thereafter a further full day’s rental at the standard rate for each 24-hour period or part thereof until the Campervan or Caravan is returned to Us; or
(ii) at any time outside Our normal business hours, You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement.
12.2 Personal items left in the Campervan or Caravan
If personal items are left in the Campervan or Caravan at the End of the Hire they will be kept safely for a period of 14 days during which time they may be reclaimed but if not reclaimed they will be dealt with according to state or territory legislation or donated to a suitable charity.
12.3 End of the Rental requirements
At the End of the Rental You must:
(a) return the Campervan or Caravan:
(i) clean; and
(ii) in the same mechanical condition it was in at the Start of the Rental, reasonable wear and tear excepted; and
(b) pay:
(i) the balance of the Rental Charges (if any);
(ii) the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Campervan or Caravan has been stolen;
(iii) any costs We incur, including extra cleaning costs in reinstating the Campervan or Caravan to the same condition it was in at the Start of the Rental, reasonable wear and tear excluded;
(iv) refuelling costs for a Campervan;
(v) for all Damage arising from a Major Breach of the Rental Contract; and
(vi) for all Damage and Third Party Loss for which Damage Cover is excluded pursuant to clause 9.1 or reduced pursuant to clause 9.2.
12.4 Credit card authority
By signing the Rental Agreement You authorise Us to debit Your credit card within a reasonable time after the End of the Rental for any amount that is due to Us or remains unpaid, including:
(a) the Rental Charges;
(b) tolls; speeding and traffic fines and infringements;
(c) fines or charges imposed for parking;
(d) administrative charges for unpaid tolls, fines or infringements;
(e) extra cleaning costs;
(f) the Damage Excess; or
(g) any amount due to Us as a result of a Major Breach.
12.5 Default in payment
If You default in the payment of any moneys owed to Us under the Rental 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.
13. Major Breach
13.1 Major Breach
You and any Authorised Driver commit a Major Breach of the Rental Contract if:
(a) there is a breach of any of the following:
(i) clause 2 (who may drive the Campervan or tow the Caravan);
(ii) clause 3 (prohibited use);
(iii) clause 4 (prohibited areas of use);
(iv) clause 5.6 (reasonable care);
(v) clause 5.7 (notification of fault);
(vi) clause 5.8 (unauthorised repairs),
that causes Damage, theft of the Campervan or Caravan or Third Party Loss;
(vii) clause 11 (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
(viii) clause 16.2(c) (removal of Tracking Device); or
(b) the Campervan or Caravan is stolen by You or an Authorised Driver or by any person acting for You, at Your direction or on Your behalf.
13.2 No Damage Cover
If You or any Authorised Driver:
(a) commit a Major Breach of the Rental Contract; or
(b) drive the Campervan or 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 Campervan or Caravan and Third Party Loss; and
(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Campervan or Caravan.
Thank you — and you’re absolutely right. Here’s the correctly formatted version of sections 14 and 15, maintaining the same heading size as the earlier sections and preserving your original wording exactly:
14. Termination of the Rental Contract
14.1 Termination and repossession
Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Campervan or Caravan if:
(a) there has been a Major Breach;
(b) there has been a breach of clause 13.2(b);
(c) the Campervan or Caravan has been illegally parked for longer than 48 hours; or
(d) the Campervan or Caravan is apparently abandoned.
14.2 Our rights on termination
If the Rental Contract is terminated:
(a) it will not affect Our right to receive any money We are owed under the Rental Contract;
(b) You give Us permission to access and enter Your premises to repossess the Campervan or Caravan without using unreasonable force or causing damage; and
(c) You must pay any towing or recovery fees incurred in the Campervan or Caravan’s repossession.
15. Personal Property Securities Act 2009 (Cth)(PPSA)
15.1 Interest as bailee
You have no right to, or interest in, the Campervan or Caravan other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.
15.2 Security Interest
You acknowledge that:
(a) the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Campervan or Caravan;
(b) We have a Security Interest in the Campervan or Caravan and the Campervan or 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.
16. Privacy
IMPORTANT NOTICE
A breach of clause 16.2(c) is a Major Breach of the Rental Contract that excludes Your entitlement to Damage Cover and may result in the Campervan or Caravan being repossessed. See clause 13 for further details.
16.1 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 rental services to You. If You choose not to provide this information to Us, We may not be able to provide those rental 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.
16.2 Tracking Device
(a) To maintain and protect the Campervan or Caravan We may fit a Tracking Device to it to enable Us to monitor the condition and operation of the Campervan or Caravan and to track the Campervan or Caravan’s movements.
(b) Information from the Tracking Device may be used during and after the Rental Period. When You sign the Rental Agreement, You expressly consent to Us:
(i) using the Tracking Device on the Campervan or Caravan during the Rental Period; and
(ii) collecting, using and retaining information from the Tracking Device for the purposes referred to in clause 16.2(a).
(c) You must not tamper with the Tracking Device or remove it from the Campervan or Caravan.
17. Definitions and interpretation
17.1 Definitions
In these Terms and Conditions:
Accident means an unintended and unforeseen incident, including:
(a) a collision between the Campervan or 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 Your spouse or domestic partner or any driver of the Campervan or a Towing Vehicle who is approved by Us to drive the Campervan or tow the Caravan and who is recorded on the Rental Agreement prior to the Start of the Rental.
Campervan means the campervan described in the Rental Agreement and includes its parts, tools, components, accessories, keys, keyless start or remote-control device, audio equipment, spare tyre, User Manual and first aid kit (if fitted) and includes any replacement Vehicle.
Caravan means the caravan described in the Rental Agreement and includes its parts, components, accessories and equipment and includes any replacement caravan.
Damage means:
(a) any loss or damage to the Campervan or 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 Campervan or 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 Campervan or Caravan has been stolen.
End of the Rental means the date and time shown in the Rental Agreement or the date and time the Campervan or Caravan is returned to Us, whichever is the later.
Handover Inspection Report means the document that shows the condition of the Campervan or Caravan and lists any Damage at the time of the inspection.
Incident Report Form means the document You must complete and submit to Us if there is Damage to the Campervan or Caravan or it has been stolen.
Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Campervan or 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 Campervan or Caravan; or
(b) Third Party Loss,
caused by:
(i) contact with any part of the Campervan or Caravan that is within two centimetres of the top of the Campervan or Caravan with objects overhanging or obstructing its path.
(ii) objects being placed on the roof of the Campervan or Caravan; or
(iii) You or any person standing or sitting on the roof of the Campervan or Caravan.
Rental Charges means the charges payable for renting the Campervan or Caravan from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.
Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.
Rental Station means the location from which the Campervan or Caravan is rented, as shown on the Rental Agreement.
Security Deposit means the amount shown on the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental.
Start of the Rental means the date and time that the rental commences as shown in the Rental 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 Rental Period.
Tracking Device means a GPS or other device that is fitted to the Campervan or Caravan that has electronic tracking capabilities to determine its location.
Underbody Damage means any damage to the Campervan or Caravan caused by or resulting from contact between the underside of the Campervan or 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 Kymac Trading Co Pty Ltd trading as NQ Caravan Rentals ABN 53 656 689 360.
You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Campervan or Caravan from Us and whose name is shown in the Rental Agreement.
17.2 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
(b) where You comprises two or more persons each is bound jointly and severally.