Definitions 'This Agreement' means the Rental Agreement and these Terms and Conditions. ‘Driver/Hirer' means and includes the person or persons nominated as the Driver/Hirer, and also includes any person whose credit card is presented for payment of the Driver/Hirer's charges. ‘AllStar Caravan Hire’ means Lauri and Anne Rattu trading as ‘AllStar Caravan Hire’. 'Rental Period' means the hire period or any agreed variation thereof and any additional period during which the caravan is in the Driver/Hirer's possession or control. 'Caravan' means the caravan hired by the Driver/Hirer and includes tyres, tools, accessories, living equipment, documents, and additional hire items related to the caravan. Rental Duration: The minimum rental fee for all Caravans is charged at the equivalent of 4 days off-peak hire rates during off-peak times. During Easter and school holidays (Australian school terms) the minimum Rental Period is 1 week and during Christmas School Holidays the minimum Rental Period is 2 weeks. AllStar Caravan Hire can at their discretion hire for shorter periods depending on bookings at the time. Caravan Consultation: On pick up of the Caravan our staff will provide a complimentary Caravan consultation. This includes an explanation of all the interior and exterior features of the Caravan. The Driver/Hirer acknowledges that the Caravan is in a roadworthy condition, that it is clean and agrees to return the Caravan in the same clean condition. The Driver/Hirer agrees to complete the rental agreement and in so doing agrees to the full terms and conditions enclosed herewith. 1. Limitations 1.1 Driver/Hirers Responsibility The Driver/Hirer remains fully liable for all costs incurred either directly or indirectly by breach of This Agreement including:
any damage to the Caravan exterior or interior and equipment provided;
any damage to tyres or rims that is considered outside of the scope of normal wear and tear.
any damage caused by willful misconduct and towing the Caravan under the influence of alcohol or either legal or illicit drugs or with a blood alcohol level in excess of that permitted by law including themselves or any other drivers nominated on the agreement, and negligence resulting in damage to the Caravan and/or Third Party Vehicle(s) or property;
any loss or damage to Personal belongings: AllStar Caravan Hire recommends the Driver/Hirer does not leave valuables in the Caravan and that it takes out insurance over such valuables;
If the Driver/Hirer is proven to have not abided by the current road rules, resulting in damage to the Caravan and/or a third party Vehicle(s)/property;
the cost to retrieve or recover a Caravan which has become bogged;
the cost to replace keys which have become lost or stolen;
any costs relating to overhead or underbody damage to the Caravan including TV Antenna, Air Conditioner, Awning, Solar Panel (if applicable), Step or Annexe (if applicable) however caused;
drivers of the tow vehicle not identified on the rental Agreement and/or drivers of the tow vehicle that have a license that has been cancelled or suspended in the last 5 years and/or drivers of the tow vehicle who have a license that is classified as a learners, or any driver who is under the influence of alcohol or legal or illicit drugs.
The Driver/Hirer’s towing vehicle must have current Comprehensive Insurance Cover and be currently registered. Details of the policy must be supplied. The Driver/Hirer must not have been refused Motor Vehicle Insurance.
1.2 Driver's License and Identity A current full and unrestricted Australian Motor Vehicle driver's license is required for all Driver/Hirers. The driver's license must be valid for the whole length of the rental. The original driver's license must be shown at time of pick-up when the driver is present and a copy will be taken for our records. All Driver/Hirers who intend to drive the towing vehicle must be identified on the Rental agreement before leaving AllStar Caravan Hire depot. If the Driver/Hirer does not have an Australian Drivers Licence then AllStar Caravan Hire at their discretion can hire out the Caravan but then an international driver's license is also required in addition to the driver’s licence held by the intended Driver/Hirer. 1.3 Minimum/Maximum Age The minimum age for all drivers towing the Caravan is 25 years old. The maximum age for all drivers towing the Caravan is 75 years old. 1.4 Title to Vehicle The Driver/Hirer acknowledges that AllStar Caravan Hire retains title to the Caravan at all times. The Driver/Hirer shall not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the possession of or otherwise deal with the Caravan. 1.5 Vehicle Restrictions Road restrictions apply as follows: Caravans must not be towed on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete). Off road conditions include, but are not limited to: fire trails, beaches, sand, tracks, fields or paddocks. The only exception to this is the use of a well maintained access road for a distance less than 1km to a recognized commercial campground. We value Driver/Hirer's wellbeing, and for safety purposes AllStar Caravan Hire reserves the right, at its sole discretion, to restrict Caravan movements in certain areas due to adverse road or weather conditions, and the distance to nominated destinations in relation to the length of hire period. AllStar Caravan Hire will advise the Driver/Hirer on pick up of any travel restrictions known at that time. 1.6 Use of the Caravan If any of the conditions below are breached the Driver/Hirer is liable for the total cost of repairs and or replacement of Caravan, also including the daily rental of the Caravan while it is off the fleet for accident repairs. The Driver/Hirer or any person who is likely to tow the Caravan must not : a) leave the keys in the door of the Caravan while it is unoccupied; b) damage the Caravan by: (i) submersion in water; (ii) contact with salt water; (iii) a creek or river crossing; (iv) driving through low plain flooded areas; (v) beach driving c) use it for any illegal purpose or in any race, rally or contest; d) use it to carry passengers; e) carry volatile liquids, gases, explosives or other corrosive or inflammable material. At all times the Driver/Hirer is responsible for the cost of:
Damage caused where the terms of Rental Contract have been breached.
Damage caused by negligence.
Damage caused to the Caravan in any way by part or total water submersion in fresh/salt water.
Damage caused to the Caravan by the Driver/Hirer's willful misconduct.
Damage caused to the Caravan when using the Caravan in contravention of any legislation or regulation controlling vehicular traffic.
Damage or loss caused to any personal belongings.
Damage to the interior of the Caravan by any cause.
Damage to the Awning, TV antenna, Air Conditioner, Solar Panel (if applicable), Awning, Step or Annexe (if applicable) and any damage to the overhead or underbody of the Caravan.
Damage caused whilst the Caravan is being transported over water.
Any costs associated with damage or accidents caused by falling asleep whilst towing the Caravan.
1.7 Travel Restrictions Caravans hired from AllStar Caravan Hire are not allowed to travel in Tasmania, Northern Territory, Western Australia, South Australia or Victoria unless written permission has been granted. AllStar Caravans are only permitted to travel within a 500km band from the coast line along Queensland and New South Wales. AllStar Caravan Hire reserves the right at its sole discretion to restrict Caravan movements in certain areas due to adverse road or weather conditions. 1.8 Cyclones/Flooding and Weather Conditions AllStar Caravan Hire does not accept any responsibility for road closures caused by cyclones, flash floods and other acts of God. 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 the Driver/Hirer. AllStar Caravan Hire again strongly recommends that you take out your own personal Travel Insurance. Allstar Caravan Hire is not liable for any personal injury or damage or loss of Driver/Hirers property due to the above conditions. 2. Terms of Hire and Payment 2.1 Deposit and Balance of Payment A deposit payment of $200.00 or 25% of the total hire whichever is greater is required upon booking. The balance of the rental is to be paid 2 weeks before the departure date. Payment can be made by credit card, direct bank transfer or cash at our depot. Personal and company cheques will not be accepted as payment for rentals. 2.2 Bond On pick-up of the Caravan, the Driver/Hirer agrees to pay a Bond. Bond payments can be made by Cash or Credit card. Personal or Company cheques are not acceptable as payment of the Bond. The Driver/Hirer authorizes AllStar Caravan Hire to deduct from the Bond any amounts due to AllStar Caravan Hire arising out of the Agreement. The Bond amount is determined by the Caravan hired. If paying by Credit Card the amount of the Bond will be debited to the credit card account immediately. An administration fee equal to the merchant surcharge applies. The credit card holder must be present and able to sign for the Bond payment upon Caravan collection. AllStar Caravan Hire is irrevocably authorized to complete any documentation and to take any other action to recover from the Driver/Hirer’s credit card issuer all amounts due by the Driver/Hirer pursuant to this Agreement, including, but not limited to, any amounts due in respect of damage to the Caravan or to property of a third party and all other additional charges as they are incurred including all parking and traffic infringement penalties, road toll fines and associated administration costs. The Bond is fully refundable within 7 working days when the Caravan is returned to the correct drop-off location, on time, cleaned and in the same condition that it left the depot of AllStar Caravan Hire less any reasonable wear and tear. This time allows AllStar Caravan Hire to carry out a thorough check of the caravan and its contents. If there is any damage to the Caravan on its return, the Bond will be used to cover the cost of such damage up to the amount of the insurance excess. However if the Driver/Hirer breaches the terms of the Hire Agreement and the Bond is insufficient to cover the damage, then any extra costs will be charged. If the Caravan is left at any location other than the drop-off or agreed pick-up location AllStar Caravan Hire reserves the right to charge pick-up fees at $60.00 per hour for retrieval of the Caravan. The Driver/Hirer must not dispute its liability to AllStar Caravan Hire for any amount properly due under this Agreement and the Driver/Hirer shall indemnify and keep indemnified AllStar Caravan Hire against any loss incurred (including legal costs) by reason of notifying the Driver/Hirer's credit card issuer of such dispute. AllStar Caravan Hire may process credit card charges pertaining to the rental after the hire period. AllStar Caravan Hire reserves the right to bank the bond excess after the termination of the hire agreement to cover the cost of un-notified infringements or damage to third parties or their property. 2.3 Credit/eftpos Cards We only accept Visa and MasterCard which will incur an additional 2.5% surcharge on any transaction including Bond payments. 2.4 Daily Hire Conditions AllStar Caravan Hire works on a calendar day basis regardless of the time of collection. Pickup day is calculated as the first day of rental and drop off day is calculated as the last day of rental. 3. Rental Terms 3.1 Extension of hire If the Driver/Hirer wishes to extend the rental whilst on hire, he must first obtain authorization from AllStar Caravan Hire. This is subject to availability. The extra cost of an extended rental must be paid by credit card over the telephone immediately on confirmation of the rental extension. The additional days will be at the Gross Rate available at the time of the extension. 3.2 Refuse Rental AllStar Caravan Hire reserves the right to refuse any rental at its discretion. AllStar Caravan Hire reserves the right to refuse or cancel any rental due to payment terms being contravened. In this instance the deposit will be forfeited. 3.3 Taxes Our rates do not include GST as we are not registered for GST. Visa and Mastercard will incur an additional 2.5% surcharge on any transaction. 3.4 Rental Charges Total charges as set out in your rental Agreement are not final. The Driver/Hirer will pay any shortfall in charges to AllStar Caravan Hire and the Driver/Hirer will receive a refund for any overpayment made to AllStar Caravan Hire. Wherever possible, any amendment to charges will be notified to the Driver/Hirer at conclusion of rental, and the Driver/Hirer agrees to payment of any such charges at that time. 3.5 Traffic Infringements, Toll Road and Other Charges AllStar Caravan Hire reserves the right to charge the Driver/Hirer for any traffic fines or unpaid toll notices received and incurred during the Rental Period including associated administration costs and/or accidents including third party property damage not reported on return of the Caravan. The administration fee per incident or fine/notice received will be AU$20.00 3.6 Payment of Charges - Joint and Several Liability All charges and expenses payable by the Driver/Hirer under this Agreement are due on demand to AllStar Caravan Hire including any collection costs and reasonable legal fees incurred by AllStar Caravan Hire. When the Driver/Hirer comprises of more than one person, each person is liable jointly and severally for all obligations of the Driver/Hirer pursuant to this Agreement. 4. Cancellations or Changes 4.1 Cancellations Any cancellations must be done in writing. Upon Cancellation the following charges also apply:
If cancelled over 90 days prior to pick-up: full refund given.
If cancelled 29 – 90 days prior to pick-up: 10% of Gross Rental
If cancelled 15 - 28 days prior to pick-up: 25% of Gross Rental
If cancelled 7 - 14 days prior to pick up: 50% of Gross Rental
If cancelled 1 - 6 days prior to pick up including day of pick up: 75% of Gross Rental
No Show - 100% of Gross Rental
If the Caravan is returned early for any reason whatsoever, no refund is available.
4.2 Holding Deposits Upon cancellation any remaining deposit that AllStar Caravan Hire is holding can be transferred to another available Rental Period within 12 months of the hire period provided that AllStar Caravan Hire is able to rehire the Caravan during the cancelled period. 4.3 Change Of Caravan Should the Caravan booked be unavailable through unforeseen circumstances eg, accident, breakdown or mechanical maintenance we reserve the right to substitute an alternative Caravan without prior notification and at no extra cost. This shall not constitute a breach of contract and does not entitle the Driver/Hirer to a refund. If AllStar Caravan Hire is unable to substitute another Caravan at the commencement of the Rental Period for any reason that is outside of our control we will refund any deposit or rental payments made and shall be under no further liability to the Driver/Hirer. 4.4 Voluntary Downgrade Should the Driver/Hirer decide to take an alternative Caravan than the Caravan booked within 14 days of pick up or during the rental period then they will not be entitled to any refund. 5. Insurance All Caravans come with full comprehensive insurance with an excess which covers the cost of repairing the Caravan. If necessary any excess payments must be made directly to AllStar Caravan Hire or be deducted from your Bond payment if the amount of the excess is less than your Bond payment. The excess is applicable regardless of who is at fault and must be paid at the time the accident report is completed. The excess will be refunded only if AllStar Caravan Hire is successful in recovering the cost of the damages from the third party. Third party claims can take months or even years to resolve. In all cases AllStar Caravan Hire recommends that you take out the highest level of your own travel insurance to cover any other associated costs. AllStar Caravan Hire does not provide any cover for Driver/Hirer’s personal items or belongings. 6. Damage or Accident 6.1 Damage or Breakage Any damage or breakage to the Caravan or its contents must be reported immediately to AllStar Caravan Hire on 0403 223 002. Any damage will be charged from your bond for either the cost of the repair or replacement item or for the insurance excess. Annexes, awnings, and TV Antennas are not covered by the insurance policy and therefore any damage to the annexe, awning or antenna will be the full responsibility of the Driver/Hirer and will be charged accordingly. If this amount should exceed the Bond payment then the Driver/Hirer will be responsible for paying the additional amount. Tyre 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 Bond payment. 6.2 Procedures in Case of Accident If the Driver/Hirer is involved in a Motor Vehicle accident during the rental period, the following procedures should be followed:
At the accident scene the Driver/Hirer must:
Obtain the names, addresses, phone numbers and license details of third parties and any witnesses.
Report the accident to police, regardless of estimated damage costs.
Not accept blame or admit liability under any circumstances or insist the other party is at fault.
If possible, photograph the damage to all Vehicle(s), Caravan and registration number(s) of any other vehicles involved. Include Make, Model and colour of any other vehicle involved.
Phone AllStar Caravan Hire with the accident details within 24 hours.(0403 223 002)
Complete the Caravan Collision or Damage Report form correctly.
At our depot:
The Driver/Hirer must produce his/her Driver's License and hand over the police report (if applicable) and the collision or damage report form and any supporting photographs.
The Driver/Hirer is required to pay the Excess (if applicable) and any other amount due by him/her in respect of any damage arising from an accident or loss. This amount is payable at the time of reporting the event and not at completion of the Rental Period.
The AllStar Caravan Hire Representative will ensure the Collision or Damage Report is completed clearly and accurately and signed by the Driver/Hirer.
The availability of an Exchange Caravan is not guaranteed; provision is subject to availability, client location, accident liability and remaining hire duration. Client charges may be incurred. If there are no available caravans from the AllStar Caravan Hire fleet, there will be no other caravans provided. If so there will be no refund for the remainder of the rental.
If an Exchange Caravan is available as a result of an accident, the Driver/Hirer is responsible for making his/her own way to the AllStar Caravan Hire depot or pick up location at their own expense.
AllStar Caravan Hire may offer the Driver/Hirer the option of paying an "Exchange Caravan Relocation Fee" to send a driver to deliver the exchange Caravan to the Driver/Hirer's location.
The Driver/Hirer will pay for any costs relating to delivery of a change over Caravan as a result of any accident. This charge applies irrespective of any bond payment made.
Time frame for settlement of Driver/Hirer excess claims:
AllStar Caravan Hire shall use its best endeavors to ensure that any money due back to the Driver/Hirer is forwarded as quickly as possible. Third Party claims can take months or years to resolve. AllStar Caravan Hire cannot control the outcome of these claims, and the Driver/Hirer acknowledges that handling of these claims is undertaken by AllStar Caravan Hire’s Insurer and the Third Party, whether it be insured or not.
AllStar Caravan Hire agrees to refund any Excess refunds applicable within 60 days of receiving final resolution and payment relating to Third Party claims.
For information regarding outstanding claims or Excess refunds please contact AllStar Caravan Hire on 0403 223 002 during office hours.
The Driver/Hirer agrees to provide all reasonable assistance to AllStar Caravan Hire in handling any claim including providing all relevant information and attending Court to give evidence. 6.3 Theft or loss In the instance of theft of the Caravan a report must be made to the closest Police immediately. AllStar Caravan Hire must also be notified immediately on 0403 223 002. A police report must be obtained and all details of any other vehicles or persons involved must be obtained and kept. Any theft or loss to the Driver/Hirer’s personal belongings is the full responsibility of the Driver/Hirer. AllStar Caravan Hire takes no responsibility for personal effects. AllStar Caravan Hire recommends that the Driver/Hirer insure all personal belongings. 6.4 Procedures In Case of Breakdown If the Driver/Hirer is involved in a breakdown during the rental period, the following procedures should be followed:
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.
It is the Driver/Hirer’s responsibility to get the Caravan to a safe location where repairs to either the towing vehicle or the Caravan can take place.
Contact AllStar Caravan Hire on 0403 223 002 for further details if the breakdown involves the Caravan or to advise of the Caravan location if the towing vehicle has had a breakdown.
AllStar Caravan Hire shall not be liable for any inconvenience, expenditure, loss or damage incurred by the Driver/Hirer in the event of any breakdown.