T&C’s

TERMS & CONDITIONS OF HIRE

INTRODUCTION

When You rent a Caravan from Us the contract (Hire Contract) You have with Us consists of two separate documents.  They are:

  1. the agreement (Hire Agreement) You have signed to rent the Caravan from Us; and
  2. these hire Terms and Conditions (Terms and Conditions).

The date of the Hire Contract is the date shown in the Hire Agreement.

WHO CAN TOW THE CARAVAN

Only You or an Authorised Driver can tow the Caravan. 

It is a Major Breach of the Hire Contract if You or an Authorised Driver let anyone who is unauthorised tow the Caravan.  If there is a Major Breach of the Hire Contract there is no cover for You, the Authorised Driver or the unauthorised driver for any Damage, theft of the Caravan or Third Party Loss.

We set a minimum and maximum age limit for those hiring and towing Our Caravans.  You and any Authorised Driver of the Towing Vehicle must be at least 25 years of age and not more than 75 years and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of Hire and it is shown in the Hire Agreement.

You and any Authorised Driver must also have a valid licence to drive the Towing Vehicle which is issued in an Australian state or territory or an international licence (with a translation into English if it is not issued in English) appropriate for the class of the Towing Vehicle and not subject to any restriction or condition.  A copy of Your licence and that of any Authorised Driver will be taken prior to the Start of the Hire and retained by Us. 

Learner drivers, provisional and probationary licence holders are not acceptable and must not tow the Caravan.

You or any Authorised Driver must not drive the Towing Vehicle to tow the Caravan if Your licence or the licence of any Authorised Driver has been cancelled or suspended within two years before the date of the Hire Agreement.

PROHIBITED USE

The Caravan must not be towed by You or any Authorised Driver:

  1. if You or any Authorised Driver is intoxicated or under the influence of drugs or alcohol or has a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;
  2. recklessly or dangerously; or
  3. whilst the Caravan is damaged or unsafe.

You and any Authorised Driver must not:

  1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment; or
  2. use the Caravan:
    – for any illegal purpose;
    – to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
    – in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
    – in an unsafe or un-roadworthy condition. 

You and any Authorised Driver must not:

  1. damage the Caravan deliberately or recklessly or allow anyone else to do so;
  2. modify the Caravan in any way;
  3. sell, rent, lease or dispose of the Caravan; or
  4. register or claim to be entitled to register any interest in the Caravan under the Personal Property Securities Act 2009.

You and any Authorised Driver must not use the Caravan to carry passengers for hire, fare or reward.

You and any Authorised Driver must not:

  1. use the Caravan to transport any pets or animals except assistance animals;
  2. smoke in the Caravan; or
  3. use candles or mosquito coils inside the Caravan,

and You must prevent any occupant from doing so. You must pay for additional cleaning and deodorising costs if there is a breach of this clause.

WHERE THE CARAVAN CAN AND CANNOT BE USED

At the Start of Hire and before collecting the Caravan You must tell Us Your intended route and destination(s) for the Hire Period which will be noted on the Hire Agreement.  There must not be any substantial deviation from that route or destination(s) unless We have given You prior written permission to do so.

The Caravan must only be towed on:

  1. a Sealed Road; or
  2. a well-maintained access road which is less than 500 metres long to access caravan parks or official camping areas.

The Caravan must never be towed:

  1. outside a radius of 1,000 kilometres from the Hire Location;
  2. outside of the state of Queensland; or
  3. onto any island that is off mainland Australia,

unless We have given Our prior written permission prior to the Start of the Hire and it is noted on the Hire Agreement.

The Caravan must not be used in any area that is prohibited by Us.  Prohibited areas include:

  1. roads that are prone to flooding or are flooded;
  2. beaches, streams, rivers, creeks, dams and floodwaters;
  3. any road where the police or an authority has issued a warning;
  4. any road that is closed;
  5. any road where it would be unsafe to drive the Caravan;
  6. any area where snow has fallen or is likely to fall; or
  7. any area that is off-road.

YOUR OBLIGATIONS

When making a booking a deposit of 10% of the anticipated HireCharges is payable.

You must pay:

  1. the Bond; and
  2. the Hire Charges,

no less than 14 days prior to the Start of the Hire.

The Bond will be refunded to You at the End of Hire provided that:

  1. all amounts due to Us under the Hire Contract have been paid;
  2. the Caravan has been returned to the Hire Location at the date and time set in the Hire Agreement;
  3. there is no Damage or Third Party Loss;
  4. the equipment supplied in the Caravan listed in clause 7.3, and any additional equipment supplied under clause 7.4, is clean and in the same condition it was in at the Start of Hire, subject to reasonable wear and tear;
  5. the fire extinguisher listed in clause 7.1(b) is unused;
  6. there is no Overhead or Underbody Damage;
  7. there is no Damage caused by the immersion of the Caravan in water;
  8. the interior and exterior of the Caravan are clean; and
  9. there has not been a Major Breach of the Hire Contract.

We reserve the right to retain all or part of a Bond if there is a breach of any of these conditions.

At the Start of Hire You must inspect the Caravan to make sure that any pre-existing damage is noted and shown in the Condition Report.

At the End of Hire You must:

  1. pay Us the balance of the Hire Charges, if any;
  2. pay up to the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Caravan has been stolen;
  3. clean the Caravan inside and outside and place it in the same state of cleanliness, subject to fair wear and tear, it was in at the Start of Hire;
  4. empty the toilet cartridge and grey water tank;
  5. pay for all Overhead Damage;
  6. pay for all Underbody Damage; and
  7. pay for any Damage caused by the immersion of the Caravan in water.

At the End of Hire We will conduct a final inspection of the Caravan, noting any discrepancies in Damage and cleanliness to that noted on the inspection report completed at the Start of Hire and You must pay all cleaning costs any other costs We incur in reinstating the Caravan to the same condition and state of cleanliness it was in at the Start of Hire, including costs incurred under clauses 3.5, 5.5(c) or 5.5(d).

You and any Authorised Driver must pay all tolls, speeding and traffic fines and infringements as well as any fines or charges imposed for parking or towing the Caravan or release of the Caravan if it has been seized by a regulatory authority.

If We pay for any tolls, fines or infringements incurred by You during the Hire Period We will charge You an administrative fee for all such payments as well as charging You for the toll, fine or infringement.

You and any Authorised Driver must make sure that the Caravan is locked when not in use or unattended and You and any Authorised Driver must keep the keys in Your possession at all times.

The Towing Vehicle must have an electric brake controller fitted and operational at all times during the Hire Period. 

You and any Authorised Driver must take reasonable care of the Caravan by:

  1. preventing it from being damaged;
  2. making sure that it is protected from the weather;
  3. maintaining the tyre pressures; and
  4. making sure it is not overloaded.

If the Caravan develops a fault during the Hire Period:

  1. You must inform Us immediately;
  2. You must not tow the Caravan unless We have authorised You to do so; and
  3. You must not let anyone else repair or work on the Caravan or tow or salvage of it without Our prior written authority to do so.

Where We have given You Our prior authority to repair, tow or salvage the Caravan You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Hire Contract.

    OUR OBLIGATIONS

    We will provide You with a Caravan that is mechanically sound and of acceptable quality.

    If the Caravan breaks down during the Hire Period We will recover and repair the Caravan as soon as possible. If the Caravan cannot be repaired We will use Our best endeavours to provide a replacement Caravan where one is available.

    We are not responsible for any consequential loss You may suffer if the Caravan breaks down unless this is because of Our negligence.

      EQUIPMENT SUPPLIED WITH THE CARAVAN

      At the Start of Hire We will supply:

      1. two 9 kilo gas bottles; and
      2. one 2 kilo fire extinguisher.

      At the End of Hire You will be charged the refilling cost of the gas bottles and the replacement cost, plus an Administrative Fee, if the fire extinguisher has been used.

      We will also supply the following equipment: 

      – One dinner set including cups, plates, spoons, knives and forks, coffee cups, glasses and wine glasses.
      – Pots and pans including utensils, tongs, scraper, egg flipper and potato masher, can opener, corkscrew, food storage containers.
      – Baby Weber Q, broom, torch, mop and bucket, dustpan and brush one kettle, one microwave, one toaster, electrical leads TV, DVD and radio.
      – Outdoor furniture, one annex winder.

      Additional equipment may be rented at extra cost at the Start of Hire depending on availability. These items include:

      – Generator, extra tables & chairs, privacy screens, bed linen, fridges & esky, towing accessories, annex on some caravans.

      You will also be charged replacement costs if any of the equipment listed in clauses 7.3 or 7.4 is missing or not returned in the same condition as at the Start of Hire, subject to fair wear and tear.

        DAMAGE COVER

        Damage Cover is included in the Hire Charges. 

        Subject to these Terms and Conditions:

        1. if You or any Authorised Driver has an Accident:
          – in which the Caravan suffers Damage; or
          – there is Third Party Loss; or
        2. if the Caravan is stolen,

        We will indemnify You and the Authorised Driver for the Damage, theft, or Third Party Loss but You must pay an amount up to the Damage Excess for each Accident or theft claim unless We agree that You were not at fault and the other party’s insurance company accepts liability.

        There is no Damage Cover for any driver of the Towing Vehicle who is less than 25 or more than 75 years of age and allowing anyone who is less than 25 or more than 75 to drive the Towing Vehicle is a Major Breach of the Hire Contract.

        There is no Damage Cover for:

        1. Damage, theft of the Caravan or Third Party Loss arising from:
          – a Major Breach of the Hire Contract; or
          – the towing of the Caravan by any driver who is not an Authorised Driver of the Towing Vehicle;
        2. Overhead Damage;
        3. Underbody Damage; or
        4. Damage caused by immersion of the Caravan in water.

        There is no Damage Cover for personal items that are left in or stolen from the Caravan and You are strongly advised to take out Your own travel insurance policy.

          HIRE PERIOD, COSTS & CHARGES

          The Hire Agreement shows:

          1. the Hire Period for which You have rented the Caravan; and
          2. the Hire Charges.

          The minimum Hire Period is 3 nights (4 days), except for Queensland and New South Wales school holidays and holiday long weekends when longer minimum Hire Periods apply.  If You are planning to book during one of these periods please contact Us for the minimum Hire Period that will apply to Your proposed booking.

          At the End of Hire You must return the Caravan on the date and by the time shown in the Hire Agreement.  If You require the Caravan for longer than the Hire Period, You must contact Us prior to the expiration of the Hire Period and subject to availability, We may at Our discretion extend the Hire Period for a mutually agreed period.  However, if You fail to notify Us of an extension and the Caravan is not returned on the date and by the time shown in the Hire Agreement, We may terminate the Hire 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.

          If You return the Caravan:

          1. more than one hour after the time set for its return in the Hire Agreement We will charge You $35 per hour up to one full day’s Hire and a further full day’s Hire for each 24 hour period thereafter until the Caravan is returned to Us; or
          2. at any time other than during Our normal business hours You must pay for the daily Hire Charges and all Damage until the Hire Location next opens for business.

          At the End of Hire You must also pay for all amounts owing pursuant to clause 5.5 and any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of Hire. Any amount payable under the Hire Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to You as soon as practicable.  If any amount is due to Us or remains unpaid You authorise Us to debit Your credit card with that amount within a reasonable time after the End of Hire.

            CANCELLATION

            Cancellation fees apply as follows:

            1. If Your booking is cancelled:
              – 30 days prior to the pick-up date, 10% of the anticipated Hire Charges;
              – between 14 and 29 days prior to the pick-up date, 25% of the anticipated Hire Charges; or
              – between 1 day and 13 days prior to the pick-up date, 75% of the anticipated Hire Charges; or
            2. If Your booking is cancelled within 24 hours prior to the pick-up date or You fail to notify Us of Your intended cancellation prior to the Start of the Hire You will be charged the Hire Charges for the Hire Period as booked.

            These cancellation fees always apply unless We are able to rent the Caravan to another hirer for an equivalent term and rate.

              ACCIDENTS & BREAKDOWNS

              If You or an Authorised Driver has an Accident or if the Caravan 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.

              If the Caravan is stolen or if You or an Authorised Driver of the Towing Vehicle has an Accident where:

              1. any person is injured;
              2. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
              3. 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.

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

              1. exchange names and addresses with the other driver;
              2. obtain the names and addresses and contact phone numbers of all witnesses;
              3. not make any admission of fault or promise to pay the other party’s claim or release the other party from any liability;
              4. forward all third party correspondence or court documents to Us within 7 days of receipt; and
              5. co-operate 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.

                CONCEQUENCES OF A MAJOR BREACH OF THE HIRE CONTRACT

                If You or any Authorised Driver:

                1. commit a Major Breach of the Hire Contract in a way that causes Damage, theft of the Caravan or Third Party Loss; or
                2. drive the Towing Vehicle in a reckless manner so that a substantial breach of road safety legislation, including the Criminal Code Act 1899 (Qld) or Transport Operations (Road Use Management) Act 1995 (Qld), or equivalent legislation in other states (where You have Our prior permission to take the Caravan interstate), has occurred You and any Authorised Driver:
                  – have no Damage Cover; and
                  – are liable for all Damage, theft of the Caravan and Third Party Loss.

                Acting reasonably, We may terminate the Hire Contract and take immediate possession of the Caravan if a Major Breach of any part of clause 12.1 has occurred.

                  OTHER GENERAL PROVISIONS

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

                  The Australian Consumer Law provides You with rights that are not affected by the Hire Contract and any provision in this contract is subject to the implied terms and conditions of that and any corresponding Federal or State legislation.

                  We may fit a GPS Device to the Caravan to enable Us to track the Caravan while it is out of Our possession.  When you sign the Rental Agreement and these Terms and Conditions You authorise Us to use the GPS Device to track the Caravan until it is returned to Us.

                  Your privacy is important to Us and We take all reasonable steps to ensure that Your personal information is securely held and protected from misuse of unauthorised access.

                    DEFINITIONS

                    ACCIDENT: means an unintended and unforeseen incident, including:

                    1. a collision between the Caravan and another vehicle or object; or
                    2. a weather event, including hail Damage,

                    that results in Damage or Third Party Loss.

                    ADMINISTRATIVE FEE: means a fee of $55 including GST for the administrative costs associated with Your Hire.

                    AUTHORISED DRIVER: means any driver of the Towing Vehicle approved by Us in writing on the Hire Agreement prior to the Start of Hire.

                    BOND: means the amount of $1,500 We collect from You at the Start of Hire as security for the Hire Charges and other fees and charges incurred during Your Hire.

                    CARAVAN: means the Caravan described in the Hire Agreement and includes its parts, components and accessories.

                    DAMAGE: means

                    1. any damage to the Caravan including its parts, components and accessories that is not fair wear and tear;
                    2. towing and salvage costs;
                    3. assessing fees; and
                    4. Loss of Use,

                    and for the removal of doubt, any Damage that makes the Caravan unroadworthy, including Damage to the, lights, wheels or tyres, 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 there has been a theft of the Caravan.

                    END OF HIRE: means the date and time shown in the Hire Agreement or the date and time the Caravan is returned to Us, whichever is the later.

                    GPS DEVICE: means a GPS or other device that is fitted to the Caravan that has electronic tracking capabilities.

                    HIRE 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 Hire Agreement.

                    HIRE LOCATION: means 77-79 Broadsound Road, Mackay Qld 4740.

                    HIRE PERIOD: means the period commencing at the time shown in the Hire Agreement and concluding at the End of Hire.

                    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 clauses, 2.1, 2.3, 2.4, 2.5, 2.6, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 4.4, 5.9, 5.11, or 5.12 that causes Damage, theft of the Caravan or Third Party Loss.

                    OVERHEAD DAMAGE: means any damage of the Caravan caused by or resulting from an impact to the Caravan at a point that is within two centimetres of the top of the Caravan.

                    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 as described and approved by Us in the Hire Agreement.

                    UNDERBODY DAMAGE: means any damage to the Caravan caused by an impact to the underside of the Caravan by an impact with the road or any obstruction that does not arise as result of an impact with another vehicle.

                    WE, OUR, US: means Tullmack Caravans Pty Ltd trading as Let Loose Caravan Hire Mackay ABN 20 064 223 945.

                    YOU, YOUR: means the person, whether it is an individual, a firm or company that rents the Caravan from Us and whose name is shown in the Hire Agreement.

                    LET LOOSE CARAVAN HIRE MACKAY CARAVANS/POP TOPS ARE NOT PERMITTED OR INSURED FOR TRAVEL ON UNSEALED ROADS OR ON BEACHS.