TERMS AND CONDITIONS OF HIRE FOR CARAVANS FROM ALLSTAR CARAVAN HIRE. 1 Introduction 1.1Rental Contract This contract to hire a Caravan from Us (Rental Contract) consists of: (a)the agreement (Rental Agreement) You have to hire the Caravan from Us; (b)the Handover Inspection Report; and (c)these rental Terms and Conditions (Terms and Conditions), and together they form binding and enforceable legal obligations. 1.2Jurisdiction The Rental Contract is governed by the laws of the Commonwealth and Queensland and You agree that Queensland courts have non-exclusive jurisdiction to determine any dispute that arises between You and Us. 1.3Australian Consumer Law The Australian Consumer Law applies to the Rental Contract and it provides You with rights that are not excluded, restricted or modified by the Rental 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. 1.4Electronic 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. 1.5Amending 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 Caravan prior to the end of the 30 day period.
2Who may tow the Caravan? ⚠️IMPORTANT NOTICE A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 14 for further details. 2.1Authorised 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 Rental Contract that excludes You and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions. 2.2Age 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 Rental and it is shown in the Rental Agreement. 2.3Licence 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. 2.4Cancelled 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 Rental Agreement. 2.5False 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. 2.6Prior insurance history 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.
3Prohibited Use ⚠️IMPORTANT NOTICE A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 14 for further details. 3.1The 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. 3.2You 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; or (c)tow the Caravan with a Towing Vehicle that does not comply with the Towing Vehicle's manufacturer's specifications. 3.3You 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.
4Prohibited areas of use ⚠️IMPORTANT NOTICE A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 14 for further details. 4.1The Caravan must never 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 20 kilometres; 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; (c)in any area where snow has fallen or is forecast to fall; or (d)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. 4.2Our Caravans are only permitted to travel within a 500 km band from the coast line along Queensland and New South Wales and must never be towed in: (a)Tasmania; (b)the Northern Territory; (c)Western Australia; (d)South Australia; or (e)Victoria unless We have given Our prior written permission prior to the Start of the Rental and it is noted on the Rental Agreement. 4.3We reserve the right in Our sole discretion to restrict Caravan movements in certain areas due to adverse road or weather conditions.
5Your 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. See clause 14 for further details. 5.1Booking deposit and balance of payment: (a)A deposit payment of $200.00 or 25% of the total hire charges, whichever is greater, is required upon booking. (b)The balance of the rental is to be paid two (2) weeks before the departure date. (c)Payment can be made by credit card, direct bank transfer or cash at Our depot. (d)Personal and company cheques will not be accepted as payment for rentals. 5.2Start of the Rental At the Start of the Rental 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; and (c)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 Rental Station. 5.3Security Deposit On pick-up of the Caravan, You must also pay a Security Deposit which can be paid in cash or credit card. Personal or company cheques are not acceptable. 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 Caravan has been returned to the Rental Station at the date and time set in the Rental Agreement; (c)the 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 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; and (g)there has not been a Major Breach of the Rental Contract, 5.4Credit/EFTPOS Cards We only accept Visa and MasterCard which will incur an additional 2.5% surcharge on any transaction including Security Deposit payments. 5.5Payment of Charges - Joint and Several Liability (a)All charges and expenses payable by You under the Rental Contract are due on demand to Us, including any collection costs and reasonable legal fees incurred by Us. (b)When You comprises more than one person, each person is liable jointly and severally for all obligations under the Rental Contract. 5.6Fines and infringements (a)You and any Authorised Driver must pay (i)fines or charges imposed for parking; (ii)infringements and fines imposed for speeding and other driving offences; and (iii)fines or charges imposed for release of the Vehicle 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. 5.7Pets/Smoking – cleaning fees (a)You must not: (i)use the Caravan for transporting any pets or animals, except accredited or trained assistance animals, unless specifically approved by Us; (ii)smoke in the Caravan and You must prevent take reasonable steps to prevent other occupants from doing so; or (iii)use any live flame inside the Caravan or under the annexe or awning; (iv)light any campfire in close proximity to the Caravan; or (v)use the Caravan to move infectious, biohazardous or biomedical waste, unless specifically approved by Us. (b)At the End of the Rental the 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 $200 which will be deducted from the Security Deposit. 5.8Reasonable 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 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 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. 5.9Notification of fault You must inform Us immediately if the Caravan develops any fault during the Rental Period. If You fail to notify Us and continue to use the Caravan You will be responsible for any Damage or Third Party Loss. 5.10Staying 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.
6The Caravan 6.1Alterations or Additions You must not: (a)make any alterations or additions to the Caravan without Our written consent; (b)attach or tie anything to the top or sides of the Caravan, e.g. eskies, BBQ’s, bicycles, surfboards, heavy items or the like or carry these items or any heavy items or equipment inside the Caravan where they may move during transit and mark or tear the interior, cupboards, doors, upholstery, floor or walls. 6.2Maintenance and Repairs (a)We will reimburse You for expenditure up to AU$100 reasonably incurred in rectifying any minor repair to the Caravan. (b)For repairs costing over AU$100 We must be informed and confirm the repairs in advance. Repairs will be approved and reimbursement, where applicable, will be granted provided You are not responsible for the Damage. In all cases, receipts and the damaged parts must be submitted to Us, or the claim will not be paid. 6.3Contents of Caravan – inside and outside (a)Each Caravan is supplied with complimentary living equipment (such as cooking equipment, crockery, utensils and other caravan items ). (b)A comprehensive list of these items is included in each Caravan and any loss, damage or substitution to these items will be charged to Your credit card. 6.4L.P. Gas Cylinder (a)We will supply at lease one (1) full gas cylinder with each Caravan hire. (b)You are responsible for refilling the cylinder at Your own expense if the gas runs out during Your Rental Period. 6.5Use of BBQ (a)This clause applies only to a Caravan rented which has a BBQ installed on the outside. (b)The BBQ must not be used under any circumstances if the Awning Walls (Annexe) are installed. In this case the BBQ must be left inside the compartment and not used at all. (c)If there is any soiling of the annexe walls in the vicinity of the BBQ, We will charge a cleaning fee of $200.00. 6.6Awnings, Annexes, Windows/Hatches and TV Antennas (a)Pull out awnings must not be left unattended or left up in windy and wet conditions. (b)Roll out windows or pop up roof hatches must also not be left unattended or left up and open in wet and windy conditions. If you are away from the Caravan these must be closed down to prevent any damage. (c)All awnings, windows, hatches and TV Antennas must be wound down or released down, locked and secured when the Caravan is in transit. (d)If an annexe has been hired as an extra it must be returned dry, clean and packed away complete with poles, pegs and ropes that it was supplied with. 6.7Trailer Plug (a)Our Caravans are fitted with either 7 or 12 pin plugs. (b)Your Towing Vehicle will need to have either a 7 pin round or flat socket or 12 pin flat socket fitted in good working order. The socket is determined by the Caravan hired. 6.8Braking System (a)Our Caravans have electric brakes fitted. (b)Your Towing Vehicle will need to have electric brakes fitted or You can hire a portable electric brake controller from Us at extra cost. 6.9Towing Vehicle Compatibility (a)It is Your responsibility to ensure that the Towing Vehicle's specification limits are not exceeded when the Caravan is attached. This includes the tare and ball weight of the Towing Vehicle. This information is available from Your Vehicle's manufacturer or tow bar installer. (b)It is ultimately Your responsibility to find out their correct towing specifications for Your Towing Vehicle and match it to the intended Caravan hired.
7Damage Cover 7.1Damage 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 Caravan, its theft or Third Party Loss but You must pay up to the Damage Excess 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. 7.2When 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. 7.3Damage Excess reduction Reduced Damage Excess options are available at extra cost for self-towers and those who have chosen the delivery/pickup options. These options are set out on Our website. 7.4Claims 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.
8Damage Cover Exclusions 8.1Excluded 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 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; and (e)the full cost of replacing or repairing any accessories supplied by Us including equipment supplied by Us. 8.2Tyres (a)You must pay for the 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. (b)We must be advised of any tyre or rim damage as soon as any damage becomes apparent. 8.3Delayed 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 12 of these Terms and Conditions. 8.4Personal 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. 8.5Cyclones/Flooding and Weather Conditions (a)We do not accept any responsibility for road closures caused by cyclones, flash floods and other acts of God. (b)Whilst every effort is made to accommodate delays and non-Caravan returns to Our depot, any costs such as relocation and re-scheduling fees will be passed on to You. 8.6Lost Property We are not liable for any loss of personal items left in the Caravan after hire and if we find any such items they will be held for a period of 90 days after the End of the Rental and if not collected the items will be given to charity. 8.7Travel 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.
9Rental Period, costs and charges 9.1Your Rental (a)The minimum Rental Period is four (4) days. (b)The Rental Agreement shows: (i)the Rental Period for which You have hired the Caravan; and (ii)the Rental Charges. 9.2Extension of hire (a)If You require an extension of the Rental Period whilst on hire, You must first obtain Our authorisation and all extensions are subject to availability. (b)The extra cost of an extended Rental Period must be paid by credit card over the telephone immediately on confirmation of the Rental Period extension. The additional days will be at the gross rate available at the time of the extension. 9.3Refusal of rental (a)We reserve the right to refuse any rental at Our discretion. (b)We also reserve the right to refuse or cancel any rental due to payment terms being contravened and in this instance the deposit will be forfeited. 9.4One Way-Rentals One-way rentals are not available. The Caravan must be returned to the pickup location at the End of the Rental Period. 9.5Return of the Caravan (a)You must return the Caravan on the date and by the time shown in the Rental Agreement. (b)If You fail to return the Caravan, We may terminate the Rental 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 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 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. 9.6Clean and Tidy You will incur a AU$200 soiling fee if the Caravan is not returned in a clean and tidy condition including the cleaning of all kitchen equipment that is supplied in the Caravan. This includes smoking related cleaning, as smoking is not permitted in the Caravan, as well as smoke smell from camp fires that may be lingering inside the Caravan. 9.7Toilet and Shower (a)This clause only applies if Your Caravan has a toilet and shower: (b)The toilet cartridge must be emptied prior to the return of the Caravan at an approved dump point or an additional AU$100.00 soiling fee will be retained. Our website contains information for dump points in Our Useful Links page. (c)The shower must be wiped down and no sand or mud left in the bottom and all lids and sinks closed and attached. 9.8Early Drop-off There is no refund for early termination of a Rental Contract. 9.9End of the Rental requirements At the End of the Rental 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 Rental 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)for all Damage arising from a Major Breach of the Rental Contract; (v)for all Overhead Damage; (vi)for all Underbody Damage; and (vii)for any Damage caused by the immersion of the Caravan in water. 9.10Credit 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. 9.11Default 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.
10Cancellation or changes 10.1Cancellations (a)All cancellations must be in writing. (b)If no other fee applies from the list below, We will charge a $50 administration cancellation fee. (c)Upon Cancellation the following charges also apply: (i)If cancelled over 90 days prior to pick-up: full refund given;. (ii)If cancelled 29 – 90 days prior to pick-up: 10% of the gross Rental Charges; (iii)If cancelled 15 - 28 days prior to pick-up: 25% of Gross Rental Charges; (iv)If cancelled 7 - 14 days prior to pick up: 50% of Gross Rental Charges; (v)If cancelled 1 - 6 days prior to pick up including day of pick up: 75% of Gross Rental Charges; and (vi)No Show - 100% of Gross Rental Charges. (d)If the Caravan is returned early for any reason whatsoever, no refund is available. 10.2Cancellation must be acknowledged and confirmed A cancellation is not effective until acknowledged and confirmed by Us. 10.3Holding Deposits Upon cancellation any remaining deposit that We are holding can be transferred to another available Rental Period within 12 months of the Rental Period less a $50 administration fee provided that We are able to rehire the Caravan during the cancelled period. 10.4Change Of Caravan (a)Should the Caravan booked be unavailable through unforeseen circumstances e.g., accident, and breakdown or mechanical maintenance We reserve the right to substitute an alternative Caravan without prior notification and at no extra cost. (b)This does not constitute a breach of the Rental Contract and does not entitle You to a refund, however, if We are unable to substitute another Caravan at the commencement of the Rental Period for any reason that is outside Our control We will refund any deposit or rental payments made and shall be under no further liability to You. 10.5Voluntary Downgrade Should You decide to take an alternative Caravan than the Caravan booked within 14 days of pick up or during the Rental Period You will not be entitled to any refund.
11Breakdowns 11.1Procedures (a)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 Rental Period You must contact Us on 0403 223 002 to arrange assistance. (b)If there is a breakdown during the Rental Period, the following procedures must be followed: (i)make sure that the Caravan is safe and secure, if possible tow it to a safe location into a breakdown lane/curb lane if on a highway/freeway so it is not posing a further traffic hazard. (ii)It is Your responsibility to get the Caravan to a safe location where repairs to either the Towing Vehicle or the Caravan can take place. (iii)Contact Us on for further details if the breakdown involves the Caravan or to advise of the Caravan location if the Towing Vehicle has had a breakdown. 11.2Assistance 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. 11.3Consequential 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.
12Accident reporting ⚠️IMPORTANT NOTICE A breach of any part of this clause 12 is a Major Breach of the Rental Contract. See clause 14 for further details. 12.1Reporting an Accident or theft to Us (a)If You or an Authorised Driver has an Accident or if the 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 12.3 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 Caravan if it is returned to Us within that seven (7) day period; or (ii)if the Caravan is stolen, immediately the theft of the Caravan is reported to the police. 12.2Reporting an Accident or theft to the police If the Caravan is stolen or if You or an Authorised Driver of the 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. 12.3Steps You must take following an Accident If You or an Authorised Driver have an Accident You and the Authorised Driver must: (a)make the 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 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. 12.4Subsequent assistance Subsequent to the Accident of 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. 12.5What 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 of attempted theft. 12.6Consequences of delayed co-operation Not only is a failure to comply with Your obligations under this clause 10 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 12.1 and 12.2; and (b)the obligations in clause 12.4 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.
13Damage or Breakage 13.1Any damage or breakage to the Caravan or its contents must be reported immediately to Us on 0403 223 002. Any damage will be charged from Your Security Deposit for either the cost of the repair or replacement cost. 13.2Annexes, awnings and TV Antennas are not covered by Damage Cover and any damage to the annexe, awning or antenna will be Your full responsibility and will be charged accordingly. If this amount should exceed the Security Deposit amount You will be responsible for paying the additional amount. 13.3Tyre and Rim damage which is beyond what is considered as normal wear and tear will be charged to the Driver/Hirer and will be deducted from the Security Deposit.
14Major Breach and its consequences 14.1Major Breach You commit a Major Breach of the Rental 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)5.6 (reasonable care); (v)5.7 (notification of fault); or (vi)5.8 (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 16.2(b) (removal of Tracking Device). 14.2No Damage Cover If You or any Authorised Driver: (a)commit a Major Breach of the Rental 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. 14.3Termination and repossession Acting reasonably, We may terminate the Rental 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).
15Personal Property Securities Act 2009 (Cth)(PPSA) 15.1You 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. 15.2You acknowledge that: (a)the Rental 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.
16Privacy ⚠️IMPORTANT NOTICE A breach of clause 16.2(b) is a Major Breach of the Rental Contract. See clause 14 for further details. 16.1Personal 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. 16.2Tracking Device (a)A Tracking Device is fitted to the Caravan to enable Us to track the Caravan when it is out of Our possession. When You sign the Rental 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. (b)You must not tamper with the Tracking Device or remove it from the Caravan.
17Definitions and interpretation 17.1Definitions 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 Rental Agreement prior to the Start of the Rental. Caravan means the Caravan described in the Rental Agreement and includes its parts, components, accessories and equipment. 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 Rental means the date and time shown in the Rental Agreement or the date and time the Caravan is returned to Us, whichever is the later. Gross Rental Charges means the Rental Charges payable for the Rental Period as booked. Handover Inspection Report means the document that shows the condition of the 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 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 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 14.1. 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. Rental 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 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 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 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 Lauri and Anne Rattu trading as AllStar Caravan Hire ABN 76 103 554 119. 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 Rental Agreement. 17.2Interpretation 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.
