Terms and Conditions 14

1.Introduction

1.1 Rental Contract

This contract to hire equipment from ELV Enterprises Pty Ltd T/A Adventure Campers (Rental Contract) consists of:

the agreement (Rental Agreement) You have signed to hire the Equipment from Us; and
these rental Terms and Conditions (Terms and Conditions),

and together they form binding and enforceable legal obligations.

1.2 Jurisdiction

The Rental Contract is governed by the laws of Western Australia and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 Australian Consumer Law

The Australian Consumer Law applies to the 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.

1.4 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.

2. Who may tow the Equipment?

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 13 for further details.

2.1 Authorised Drivers

Only You or an Authorised Driver can tow the Equipment. Allowing anyone who is not an Authorised Driver to tow the Equipment 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

There is a minimum and maximum age limit for those renting the Equipment. 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 also have a valid licence to drive the Towing Vehicle which is:

i) issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English); and

ii) not subject to any restriction or condition.

B. Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Towing Vehicle.

2.4 Cancelled and suspended licenses

The Towing Vehicle must not be driven:

whilst Your driver's licence is cancelled or suspended, including as a result of an accumulation of demerit points; or
if Your licence has been cancelled or suspended, within three (3) years of the date of the Rental Agreement.

2.5 False information

The Towing Vehicle must never be driven by You or any Authorised Driver who has provided a false or misleading name, age, address or driver's licence.

3.Prohibited Use

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 13 for further details.

3.1 The Towing Vehicle must not be driven by You or any Authorised Driver:

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;
recklessly or dangerously; or
whilst the Equipment is damaged or unsafe.

3.2 You and any Authorised Driver must not:

fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
use the Equipment:

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; to carry any weight or load that exceeds the limits for which the Equipment was designed, constructed, registered or licenced; or

v. in an unsafe or un-roadworthy condition; or

C. tow the Equipment with a Towing Vehicle that does not comply with the Towing Vehicle's manufacturer's specifications.

3.3 You and any Authorised Driver must not:

a. damage the Equipment deliberately or recklessly or allow anyone else to do so;

b. modify or alter the Equipment in any way and nothing is to be tied to the Equipment on the outside or top;

c. sell, rent, lease or dispose of the Equipment; or

d. register or claim to be entitled to register any interest in the Equipment 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. See clause 13 for further details.

4.1 General prohibited areas

The Caravan must never be taken or towed:

on any Unsealed Road unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement;
Off Road;
above the snow line in Victoria and New South Wales between 1 May and 31 October or in any area where snow has fallen or is likely to fall;
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 drive the Vehicle or tow the Equipment; or

e. onto any island with the exception of:

i. Kangaroo Island;

ii. Stradbroke Island;

iii. Bribie Island;

iv. Phillip Island; or

v. Bruny Island.

4.2 Specific prohibited areas

The Equipment must never be taken or towed:

in Queensland:

i. north of Chillagoe or west of Georgetown;

ii. north of Cooktown or Laura;

iii. on the Burke Development Road;

iv. north of Maggieville;

v. on Unsealed Roads north and west of Mt Isa;

vi. on the Bloomfield track; or

vii. on the Savannah Way;

b. in South Australia:

i. to Mount Dare;

ii. on the Strzelecki Track;

iii. on the Oodnadatta Track; or

iv. on the road to Dalhousie Springs;

c. in the Northern Territory:

i. on the roads to Jim Jim Falls or Twin Falls;

ii. on the Larapinta and Namitjira Drives, commonly known as the Mereenie Loop,

d. in Western Australia:

i. on the Unsealed Road section of the Cape Leveque Road;

ii. on the Canning Stock Route;

iii. on the road to Windjana Gorge;

iv. on the Cardabia - Ningaloo Road;

v. on the Gibb River Road; or

vi. on the access road from the Great Northern Highway to the Purnululu National Park

vii. on the Great Central Road

e. through or across the Simpson Desert in South Australia, Queensland and the Northern Territory;

f. on the Tanami Track and the Gunbarrel Highway in Western Australia and the Northern Territory; or

g. on the Spirit of Tasmania between Victoria and Tasmania in either direction.

5. Your obligations

⚠️ IMPORTANT NOTICE

A breach of any of sub-clauses 5.6, 5.7, 5.8 or 5.10 is a Major Breach of the Rental Contract. See clause 13 for further details.

5.1 Booking deposit and Rental Charges

A booking deposit is 50% of the Rental Charges, this payment is required to secure Your booking within 5 days. Payments can be made by credit card or direct bank deposit. If paying by credit card or via Pin Payments a surcharge of 1.75% applies.
The balance of Rental Charges and the Security Bond amount, which is the excess amount mentioned on the; quote, booking confirmation, invoice or hire agreement, this amount must be held available as cleared and available funds on your credit card or debit card, no less than forty five (45) days prior to pick up of the Equipment, in case an accident, damage, further fees or an insurance claim needs to occurs during the term of hire.
Credit Card, debit card or bank details will be held securely using the payment system “Pin Payments” or similar secure cloud based payment systems, as the bond and You give permission for transactions to occur if the Terms and Conditions are breached, further fees apply, damage occurs or an excess payment needs to be charged.

5.2 Start of the Rental

At the Start of the Rental and before collecting the Equipment You must:

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;
present Your passport if You are not an Australian citizen; and
fully inspect the Equipment to ensure its condition and any pre-existing damage is accurately noted and shown in the Rental Agreement and if there is any discrepancy You must notify Us prior to leaving the Rental Station.

5.3 Security Bond

The Security Bond 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:

all amounts due to Us under the Rental Contract have been paid;
the Equipment has been returned to the Rental Station at the date and time set in the Rental Agreement;
the Equipment is clean and in the same mechanical condition as at the Start of the Rental (except for reasonable wear and tear);
there is no Damage, including to the interior or the awning, (except for reasonable wear and tear) or Third Party Loss;
the equipment supplied with the Equipment is clean and in the same condition it was in at the Start of Rental, subject to reasonable wear and tear;
the toilet cassette and cavity in the Equipment is free from waste and washed out;
the fire extinguisher supplied with the Equipment and listed in sub-clause 6.1(b) is unused; and
there has not been a Major Breach of the Rental Contract,

5.4 Pets/Smoking – cleaning fees

A. You must not:

i. use the Equipment for transporting any pets or animals, except assistance animals, unless specifically approved by Us; or

ii. smoke in the Equipment and You must prevent and take reasonable steps to prevent other occupants from doing so.

At the End of the Rental the Equipment must be returned cleaned inside and out, including the awning and must be deodorised from any odours including smoking, including campfire smoke. Any cleaning or deodorising required upon return, will incur a cleaning fee of $100 per hour which will be deducted from the Security Bond.

5.5 Toilet cassette and cavity

Equipment fitted with a 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 $250 disposal fee which will be deducted from the Security Bond.

5.6 Reasonable care

You and any Authorised Driver must take reasonable care of the Equipment by:
preventing it from being damaged;
making sure its protected from inclement weather;
making sure it is not overloaded;
not transporting or storing hard or sharp items in the interior of the Equipment, including eskies, BBQ’s and bicycles; and
ensuring:

i. the Equipment 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 Equipment's tyres are inflated to the recommended PSI;

iv. the Equipment lights are working correctly; and

v. the coupling lock supplied with the Equipment is padlocked when it is unattended.

5.7 Notification of fault

You must inform Us immediately if the Equipment develops any fault during the Rental Period. If You fail to notify Us and continue to use the Equipment 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 Equipment 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 Equipment 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 Equipment after an Accident

You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

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 Equipment Supplied with the Tow equipment

6.1 At the Start of Rental We will supply:

one (1) 8 kilo gas bottles;
one (1) small fire extinguisher;
awning side walls, floors, and bars;
an external shower system;
an additional floor protector matt; and
any other equipment noted on the Rental Agreement.

6.2 You will also be charged replacement costs if any of the equipment listed in sub-clause 6.1 is missing or not returned in the same condition as at the Start of Rental, subject to fair wear and tear.

7 Damage Cover

7.1 Damage Excess payable

Standard Damage Cover is included in the Rental Charges, meaning regular wear and tear.
Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Equipment, its theft or Third Party Loss but You must pay up to the Damage Excess for each Accident or theft claim unless:

i. You were not at fault; and

ii. the other party was insured and their insurance company accepts liability.

7.2 When is the Damage Excess payable?

Unless You have expressly authorised a charge to Your credit card at an earlier time, an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card:

for single vehicle Accidents, after an estimate or tax invoice verifying the amount charged for Damage has been sent to You;
if the Equipment has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Equipment will be recovered; and
for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable.

7.3 Claims Administration fee

All Accident, attempted theft and theft claims will incur a claims administration fee of $130 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

7.4 Excess Fee

This amount depends on which piece of equipment is hired, the excess amount may change without notice. This may range from $500 to $6,000.

Insurance Deposit amounts:

White camper trailer - $1500
FF Explorer Camper trailers - $2,500
Forbes 15+ Caravan’s - $5000
Car trailer - $500
Truck caravan - $ 5,000

8 Damage Cover Exclusions

8.1 There is no Damage Cover, and You and any Authorised Driver are liable for:

Damage or Third Party Loss arising from:

i. a Major Breach of the Rental Contract; or

ii. the Equipment 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; and

(d) Damage caused by immersion of the Equipment in water; and

(e) damage to the tyres or rims of the Equipment, other than by normal wear and tear and You must make good all damage to the tyres and rims with the same brand and type as currently fitted.

8.2 There is also no Damage Cover for personal items that are left in or stolen from the Equipment or for loss or damage to property belonging to or in the custody of:

You;
any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside; or
any relative, friend or associate of an Authorised Driver.

9 Rental Period, costs and charges

9.1 There is a minimum number of days for equipment hire, this will depend on which piece of equipment you are hiring, and the terms for that individual piece of equipment.

9.2 The Rental Agreement shows:

the Rental Period for which You have hired the Equipment; and

the Rental Charges.

9.3 You must return the Equipment on the date and by the time shown in the Rental Agreement. If You fail to return the Equipment, We may terminate the Rental Contract and if the location of the Equipment is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Equipment as stolen to the Police.

9.4 If the Equipment is returned to Us early there is no entitlement to a refund.

9.5 Unless You have Our prior approval, if You return the Equipment:

(a) 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 Equipment is returned to Us; or

(b) 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.

9.6 At the End of the Rental

You must return the Equipment clean and in the same condition it was in at the Start of the Rental, reasonable wear and tear excepted; and
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 Equipment 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 Equipment in water.

9.7 Credit card authority

If any amount is due to Us, including the Damage Excess, or remains unpaid You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.

9.8 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.

9.9 Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

10 Cancellation

10.1 Cancellation fees

(a) You may cancel Your booking by written notice to Us prior to the Start of the Rental but the following cancellation fees apply:

Notice of cancellation provided by you	Percentage of Rental Charges payable
30 days or more prior to the pick-up date	Full refund less a booking fee of $130
Less than 30 days prior to the pick-up date	100%
21 days before or on day of pick-up/no show	100%

(b) A cancellation is not effective until acknowledged and confirmed by Us.

10.2 COVID-19 cancellations

A full refund will be paid to You in the event that Your booking cannot proceed, due to Government imposed travel restrictions which prevent You from traveling to the destination named in Your Booking Form.
Full refunds will not be given for personal health concerns or change of mind (standard cancellation fees apply.)

11 Breakdowns

11.1 Roadside assistance

We will provide You with Equipment that is of acceptable quality and in good working condition taking into account the age of the Equipment, but breakdowns do occur unexpectedly. If the Equipment breaks down during the Rental Period you must contact Us on 0474 316 575 and or email, to arrange assistance. If the fault cannot be corrected we will recover and repair the Equipment as soon as possible, using best efforts, but if it cannot be repaired We will use Our best endeavours to provide a replacement piece of Equipment where one is available. Please note that for breakdowns in highly remote locations and / or on unsealed roads, assistance and repair may be impossible.

11.2 Assistance not covered

We are not responsible for:

tyre and wheel changing;
lost keys; or
keys locked in the Equipment.

Extra charges will apply if any of these services are provided at Your request.

11.3 Consequential loss

Subject to the Australian Consumer Law, if the Equipment breaks down We are not responsible for:

flights You have missed;
holiday plans that are disrupted;
loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics;
loss of enjoyment; or
consequential or economic loss.

12 Accident reporting

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 12 is a Major Breach of the Rental Contract. See clause 13 for further details.

12.1 If You or an Authorised Driver has an Accident or if the Equipment is stolen, You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form.

12.2 If the Equipment is stolen or if You or an Authorised Driver has an Accident where:

any person is injured;

the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or

the other party appears to be under the influence of drugs or alcohol,

You or the Authorised Driver must also report the theft or Accident to the Police.

12.3 If You or an Authorised Driver has an Accident, You and the Authorised Driver must:

exchange names and addresses, phone numbers and email addresses with the other driver;
take a photo of the other driver's licence;
take the registration numbers of all vehicles involved;
take as many photos as is reasonable showing:

i. the position of all vehicles before they are moved for towing or salvage;

ii. the Damage to the Equipment;

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;

E. obtain the names, addresses, phone numbers and email addresses of all witnesses;

F. forward all third party correspondence or court documents to Us within 7 days of receipt; and

G. cooperate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer's office or any Court hearing.

12.4 If You or an Authorised Driver has an Accident, You and the Authorised Driver must not:

make any admission of fault;
promise to pay the other party's claim; or
release the other party from any liability;

13 Major Breach of the Rental Contract

13.1 No Damage Cover

If You or any Authorised Driver:

commit a Major Breach of the Rental Contract in a way that causes Damage, theft of the Equipment or Third Party Loss; or
tow the Equipment in a reckless manner so that a substantial breach of road safety legislation, has occurred,

You and any Authorised Driver:

have no Damage Cover;

II. are liable for all Damage, theft of the Equipment and Third Party Loss; and

III. are liable for and must pay any additional costs or expenses We incur as a direct consequence.

13.2 Termination and repossession

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Equipment if a breach of any part of sub-clause 13.1 has occurred.

14 Privacy

⚠️ IMPORTANT NOTICE

A breach of clause 14.2(b) is a Major Breach of the Rental Contract. See clause 13 for further details.

14.1 Personal information

We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
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.
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.

14.2 Tracking Device

A. A Tracking Device is fitted to the Tow Equipment to enable Us to track the Equipment 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 Two Equipment 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 Equipment.

15 Definitions and interpretation

15.1 Definitions

In these Terms and Conditions:

Accident means an unintended and unforeseen incident, including:

a collision between the Equipment and another vehicle or object, including animals and roadside infrastructure;
rollovers; or
a weather event, including hail Damage,

that results in Damage or Third Party Loss.

Adventure Campers, We, Us, Our, means ELV Enterprises Pty Ltd trading as Adventure Campers ABN 11 643 477 623.

Authorised Driver means any driver of a Towing Vehicle who is approved by Us to tow the Equipment 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.

Camper Trailer means the Camper trailer described in the Rental Agreement and includes its parts, components, accessories and equipment.

Trailer means the trailer described in the Rental Agreement and includes its parts, components, accessories and equipment.

Damage means:

any loss or damage to the Equipment that is not fair wear and tear;
towing and salvage costs;
assessing fees; and
Loss of Use,

and for the removal of doubt, any Damage to the Equipment 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 Equipment has been stolen.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Equipment is returned to Us, whichever is the later.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Equipment 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:

clauses, 2 (all parts), 3 (all parts), or 4 (all parts), or sub-clauses 5.6, 5.7, 5.8, or 5.10, that causes Damage, theft of the Equipment or Third Party Loss;
clause 12 (all parts) that prevents Us from properly investigating an Accident or theft; or
clause 14.2(b)

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:

Damage to any part of the Equipment; or
Third Party Loss,

caused by:

contact with any part of the Equipment that is within two centimetres of the top of the Equipment with objects overhanging or obstructing its path.
objects being placed on the roof of the Equipment; or
You or any person standing or sitting on the roof of the Caravan, Camper trailer or on any form of equipment.

Rental Charges means the charges payable for renting the Equipment 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 Equipment is rented, as shown on the Rental Agreement.

Security Bond 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 Equipment during the Rental Period.

Tracking Device means a GPS or other device that is fitted to the Equipment that has electronic tracking capabilities to determine its location.

Underbody Damage means any damage to the Equipment caused by or resulting from contact between the underside of the Equipment 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.

You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Equipment from Us and whose name is shown in the Rental Agreement.

Social Media means any form of social media platform that exists now or in the future.

Wear and Tear, regular, reasonable, fair or normal wear and tear, defined as; when regular day-to-day driving results in the gradual deterioration of a vehicle over time. In other words damage caused to the equipment isn’t a result of an accident, negligence, or an unexpected failure. Meaning no burns, tears, stains, scratches or soiling of equipment from lack of regular checks and road trip planning by the hirer. Malicious damage, misus, neglect, lousy driving habits or carelessness won’t be tolerated, (Also see 5.6 Reasonable care and 16.H in relation to scratches).

Interpretation

In these Terms and Conditions, unless the context otherwise requires:

headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and
where You comprises two or more persons each is bound jointly and severally.

16 Further Off Road Terms and Conditions

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 13 for further details.

Our tow equipment is capable of going off-road, however we must know before departure where you plan on travelling to and what unsealed roads you are travelling on and this must be agreed upon, off road fees will apply.
If scratches occur to paint work damage fees will apply.
This includes for red dirt, beaches, tracks, gravel, any form of unsealed roads .
The underbelly must be cleaned before return or during the rental period to help avoid corrosion.
Maximum 15 km/h on unsealed roads.
A wheel alignment fee will occur for unsealed road travels, especially distant.
If hiring the equipment for a long period of time, (two months plus or 100 km’s travelled on unsealed roads, whichever comes first) and regularly travelling down unsealed roads you will have to book the equipment in for a wheel alignment during your trip with a 3rd party company to help avoid damages to the tyres and equipment.
Express exclusions from wear and tear include; scratches from branches, trees, bushes and shrubs, damage received as a direct or indirect result of traversing corrugations or off road tracks, tyre damage and or excessive wear as a result of poor wheel alignment after offroad use, broken or damaged jockey wheel or stabilizer legs, torn canvas, fabric or PVC, excessive damage to mud guards.

17 Social Media

⚠️ IMPORTANT NOTICE

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 13 for further details.

We do hold social media accounts and a group for our clients and businesses to post freely and connect with other holiday and camping services.
We are not responsible for the services or quality of other businesses or bloggers promoting in this group or on any of our social media platforms.
We would love to see and hear about your adventures, however we do recommend that you create a post after you return home from your holiday and would love to hear your recommendations to help our future campers.
Please do not post on any social media platform or forum if you have a complaint about our equipment or services and notify us immediately to rectify and help resolve the issue.