Terms & Conditions

 

1. Parties and Agreement
   • These terms and conditions apply to the hire of a caravan by HTBJ Holdings Pty Ltd ATF The Paunic Family Trust trading as Great Southern Caravan Hire (ABN 99 725 154 406) (Owner, we, us or our) to the person or persons named as the customer in the Hire Schedule (Customer, you or your).
   • The Customer agrees to hire the Caravan from the Owner on the terms set out in:
     • these terms and conditions;
     • the Hire Schedule;
     • any written quotation, invoice, booking confirmation, or special conditions issued by the Owner; and
     • any written instructions, policies or rules provided by the Owner in connection with the Caravan.
     • Any pre-hire or return inspection report, photographs, video record, checklist, or condition report prepared by or for the Owner in connection with the Caravan.
   • If there is any inconsistency between these terms and the Hire Schedule, the Hire Schedule prevails to the extent of the inconsistency.
   • The booking is not confirmed until the Owner has accepted the booking and received the required Deposit.

 

2. Definitions

In this Agreement:

Accident means any unintended or unforeseen incident involving the Caravan, including a collision, impact, rollover, jack-knife, theft, attempted theft, fire, weather event, animal strike, or other event that causes Damage, Third Party Loss, or loss of use.

Agreement means these terms and conditions, the Hire Schedule and any written booking confirmation, invoice or special conditions issued by the Owner.

Authorised Driver means the Customer and any other person approved in writing by the Owner to tow or use the Caravan.

Bond means the security bond payable by the Customer as set out in clause 6 and the Hire Schedule.

Caravan means the caravan hired to the Customer, including all keys, appliances, fittings, fixtures, equipment, accessories, and contents provided with it.

Collection Date means the date and time the Caravan is to be collected by or made available to the Customer, as set out in the Hire Schedule.

Deposit means the booking deposit payable by the Customer to secure the booking.

Force Majeure Event means an event beyond the reasonable control of the Owner, including an act of God, fire, flood, storm, cyclone, earthquake, severe weather, accident, epidemic, pandemic, quarantine restriction, government direction, road closure, civil unrest, industrial action, power failure, mechanical failure, supply shortage or any other event that prevents or materially affects the Owner’s ability to perform its obligations.

Hire Fees means the total hire charges payable by the Customer for the hire of the Caravan, excluding the Bond unless expressly stated otherwise.

Hire Period means the period from the Collection Date until the Return Date.

Hire Schedule means the booking schedule, invoice, booking form, or other document issued by the Owner setting out the specific hire details.

Premises means the Owner’s premises being 22A Kelly St, Albany WA 6330 or other collection/return location advised by the Owner in writing.

Return Date means the date and time the Caravan must be returned to the Owner, as set out in the Hire Schedule.

 

3. Hire of Caravan
   • The Owner agrees to hire the Caravan to the Customer for the Hire Period, and the Customer agrees to hire the Caravan from the Owner, on the terms of this Agreement.
   • The Customer acknowledges that the Caravan remains the property of the Owner at all times.
   • The Customer must not sell, assign, sub-hire, lend, mortgage, charge, encumber or otherwise part with possession or control of the Caravan.
   • The Owner may, before the start of the Hire Period, substitute the booked Caravan with a caravan of comparable size and features if the booked Caravan is unavailable due to breakdown, damage, late return by a previous customer or another circumstance beyond the Owner’s reasonable control.

 

4. Customer and Driver Requirements
   • The Customer warrants that each Authorised Driver:
     • holds a current, unrestricted Australian driver licence valid for the class of vehicle being driven;
     • is legally entitled to tow the Caravan;
     • is at least 25 years of age and less than 75 years of age, unless otherwise approved by the Owner in writing;
     • has appropriate experience, competence and confidence to tow, reverse, park, connect, disconnect, load, and unload the Caravan safely; and
     • is not disqualified, suspended, or otherwise prohibited from driving.
   • If the Owner agrees in writing to allow an Authorised Driver under 25 years of age, the higher Bond in clause 6.2 will apply.
   • Only Authorised Drivers may tow, move, control, or otherwise operate the Caravan.
   • The Owner may refuse to release the Caravan if, in the Owner’s reasonable opinion:
     • the Customer or any Authorised Driver does not satisfy the requirements of this Agreement;
     • the towing vehicle is unsuitable or non-compliant;
     • the Customer has not provided required documents;
     • the Hire Fees, Bond, or other amounts due have not been paid; or
     • releasing the Caravan would present a safety, legal or commercial risk.

 

5. Towing Vehicle Requirements
   • The Customer warrants that the vehicle used to tow the Caravan:
     • is currently registered and will remain registered throughout the Hire Period;
     • is roadworthy and mechanically sound;
     • is comprehensively insured for the Hire Period;
     • complies with all manufacturer towing limits and requirements for both the towing vehicle and the Caravan;
     • has sufficient towing capacity, tow ball rating, gross vehicle mass and gross combined mass capacity for the Caravan and load;
     • is fitted with a compliant tow bar and electrical connection; and
     • is fitted with an electric brake controller, unless the Owner agrees that a mobile brake unit may be hired and used.
   • The Customer must provide, before collection, any documents reasonably requested by the Owner, including:
     • a current driver licence for each Authorised Driver;
     • evidence of registration for the towing vehicle;
     • a certificate of currency or other evidence of comprehensive insurance for the towing vehicle; and
     • details of the towing vehicle’s towing capacity.
   • Mobile brake units do not operate the caravan fridge while travelling. The Customer accepts responsibility for managing food, temperature-sensitive items, and travel arrangements accordingly.

 

6. Hire Fees, Deposit and Bond
   • All payments are to be paid in Australian Dollars ($) only.
   • A Deposit of 25% of the total Hire Fees is payable at the time of booking. The booking is not confirmed until the Owner has received the Deposit.
   • Unless otherwise specified in the Hire Schedule, the Bond is:
     • $1,500, where all Authorised Drivers are 25 years of age or older; or
     • $3,000, where the Owner has approved an Authorised Driver under 25 years of age.
   • The balance of the Hire Fees must be paid no later than 14 days before the Collection Date, unless otherwise agreed by the Owner in writing.
   • The Bond must be paid no later than 5 business days before the Collection Date, unless otherwise agreed by the Owner in writing.
   • If payment is made by cheque, the cheque must be cleared funds at least 5 business days before the Collection Date.
   • If the Bond has not cleared in the Owner’s nominated bank account by the day before the Collection Date, the Owner may charge the Bond to the Customer’s nominated credit card. A merchant fee of 3%, or such other surcharge not exceeding the Owner’s cost of acceptance, may apply.
   • The Customer authorises the Owner to deduct from the Bond any amount payable by the Customer under this Agreement, including amounts for damage, loss, cleaning, late return, recovery, replacement items, unpaid Hire Fees, traffic infringements, administration fees, and other costs reasonably incurred by the Owner. Before deducting any amount from the Bond (other than unpaid Hire Fees agreed by the Customer), the Owner will provide the Customer with reasonable particulars of the proposed deduction, including photographs, invoices, quotations, or other supporting evidence where reasonably available.
   • The Owner may recover from the Customer any amount payable under this Agreement that exceeds the Bond.
   • Subject to inspection of the Caravan and assessment of any damage, loss, or other amounts payable, the Owner will endeavour to refund the balance of the Bond within 7 business days after return of the Caravan.
   • If damage, loss, or other amounts cannot reasonably be assessed within 7 business days, the Owner may retain the Bond, or a reasonable part of it, until those amounts are assessed.
   • Amounts owing to us pursuant to this clause 6 accrue interest at the rate of 10% per annum commencing 14 days after the End of the Hire.

 

7. Collection and Pre-Hire Inspection
   • The Customer must collect the Caravan from the Premises at the agreed collection time, unless otherwise agreed in writing.
   • Before departure, the Customer must inspect the Caravan and notify the Owner of any visible damage, missing items, or concerns.
   • Any pre-existing damage or missing items should be recorded in the Hire Schedule, condition report, photographs, or other written record.
   • Subject to any pre-existing condition recorded at collection, the Caravan will be deemed to have been provided to the Customer in clean, safe, and serviceable condition.
   • The Customer must not depart with the Caravan unless satisfied that the Caravan has been properly connected, secured, and checked.

 

8. Delivery and Set-Up Service
   • Where agreed in the Hire Schedule, the Owner will deliver and set up the Caravan at the location nominated by the Customer.
   • Unless otherwise stated in the Hire Schedule, the $400 delivery and set-up fee applies to delivery and collection within 20 kilometres of the Owner’s Premises in addition to the Hire Fees, Bond, and any other charges.
   • For delivery locations outside that area, the Customer must pay an additional delivery charge of 88 cents per kilometre for each kilometre beyond the included delivery area, calculated on the total return distance for delivery and collection.
   • The Owner may update the per-kilometre delivery charge for future bookings only to reflect changes in fuel, labour, vehicle operating costs, insurance, maintenance, and other delivery costs.
   • Any additional delivery charge will be stated in the Hire Schedule before the booking is confirmed.
   • The Customer must ensure that the delivery location is lawful, safe, suitable, accessible, and approved for the Caravan, including by any caravan park, campsite, landowner, or local authority.
   • The Customer must provide accurate delivery details, site information, access instructions, and contact details before delivery.
   • The Owner may refuse to deliver or set up the Caravan if, in the Owner’s reasonable opinion, the location or access is unsafe, unsuitable, unlawful or may damage the Caravan, the Owner’s vehicle or third-party property.
   • If delivery or set-up cannot be completed because of the Customer’s act or omission, including incorrect details, unsuitable access, lack of approval or failure to attend, the Customer remains liable for the $400 fee and any additional reasonable costs incurred by the Owner.
   • Unless the Owner agrees otherwise in writing, the Customer must not move, tow, or relocate the Caravan after delivery.
   • At the end of the Hire Period, the Customer must ensure the Caravan is clean, vacated, and accessible for collection at the agreed time.
   • The Owner will use reasonable endeavours to deliver and collect the Caravan at the agreed times, but is not liable for delays caused by traffic, weather, road conditions, access issues, or other circumstances beyond the Owner’s reasonable control, subject to the Australian Consumer Law.

 

9. Pricing Variation
   • The Owner may vary its prices, hire rates, delivery fees, and other charges for future bookings at any time before a booking is confirmed.
   • Once a booking is confirmed, the Owner will not vary the Hire Fees except where the variation is required due to:
     • a change requested by the Customer;
     • an increase in government charges, taxes, levies, permit fees or third-party costs, or
     • a material increase in fuel or other external costs outside the Owner’s reasonable control which directly affects the booking.
   • The Owner must give the Customer written notice 14 days prior of any proposed variation, including the reason for the variation and the amount payable.
   • If the proposed variation materially increases by 10% or more of the total amount payable by the Customer, the Customer may cancel the booking within 5 business days after receiving the notice and receive a refund of amounts paid, less any reasonable costs already incurred by the Owner at the Customer’s request, subject to the Australian Consumer Law.
10. Use of the Caravan
    • The Customer must:
      • use the Caravan safely, lawfully and with due care;
      • comply with all road rules, traffic laws, parking laws and lawful directions of police or other authorities;
      • comply with all instructions and policies provided by the Owner;
      • take reasonable steps to protect the Caravan from damage, theft, loss, and misuse;
      • ensure the Caravan is securely locked when unattended;
      • keep the Caravan clean and in good condition;
      • use the Caravan only for private recreational purposes unless otherwise approved by the Owner in writing; and
      • immediately notify the Owner of any accident, damage, breakdown, theft, loss, or safety issue.
    • The Customer must not:
      • tow or use the Caravan while affected by alcohol, drugs, fatigue, or medication that impairs driving ability;
      • use the Caravan for any unlawful purpose;
      • use the Caravan for racing, speed testing, driver training, or competitive activity;
      • overload the Caravan or towing vehicle;
      • modify, alter, repair or tamper with the Caravan without the Owner’s prior written approval;
      • remove, obscure, or interfere with any GPS tracker, safety device, registration plate, compliance plate, or identification mark;
      • carry dangerous, flammable, explosive, corrosive or illegal substances, except ordinary domestic camping supplies used safely and lawfully;
      • allow any person other than an Authorised Driver to tow or operate the Caravan; or
      • sub-hire, lend or give possession of the Caravan to any other person.

 

11. Travel Restrictions and Road Conditions
    • The Caravan may only be towed on sealed roads, except where the Owner has given prior written approval for travel on short gravel access roads suitable for 2WD vehicles for the purpose of accessing a campsite.
    • The Caravan must not be towed or used on:
      • four-wheel drive tracks;
      • beaches;
      • sand tracks;
      • unsealed highways or remote roads, unless approved by the Owner in writing;
      • closed roads;
      • roads affected by flood, fire, storm, severe corrugation, or unsafe conditions; or
      • any road, track or location that is unsuitable for the Caravan.
    • The Caravan must not be taken outside Western Australia unless the Owner has given prior written approval.
    • Damage, loss, recovery costs or additional wear caused by breach of this clause are the Customer’s responsibility and may be deducted from the Bond or otherwise recovered from the Customer.
    • The Customer acknowledges that the Caravan may be fitted with a GPS tracking device for safety, recovery, asset protection, and compliance purposes.

 

12. Pets, Smoking, Odours and Cleanliness During Hire
    • Pets and animals are not permitted in the Caravan unless the Owner has given prior written approval.
    • Smoking and vaping are not permitted inside or near the Caravan.
    • The Customer must ensure the Caravan is not exposed to smoke, ash, campfire odour, cooking odours, pet odours or other odours requiring deodorising or specialist cleaning.
    • If the Caravan requires deodorising or specialist cleaning due to smoke, vaping, pet odour, campfire odour or other odour, the Owner may deduct from the Bond a cleaning and deodorising charge of $300, or the actual reasonable cost if higher.

 

13. Items, Storage and Accessories
    • The Customer must not store loose items on the floor of the Caravan while travelling if doing so may damage floor coverings, furniture, fittings or fixtures.
    • The Customer must not carry or fix items to the roof, A-frame, rear bumper bar or any other external part of the Caravan unless approved by the Owner in writing.
    • Bicycles may only be transported on an approved bike rack and must not exceed the weight or number permitted for that rack.
    • The Customer is responsible for all damage caused by incorrect loading, overloading, unsecured items, or misuse of accessories.

 

14. Awnings, Annexes and Weather Conditions
    • The Customer is responsible for monitoring weather conditions during the Hire Period.
    • The Customer must retract and secure awnings, shades, annexes, and other external equipment during windy, stormy, or adverse weather, and whenever the Caravan is unattended.
    • Damage to awnings, shades, annexes, or external equipment caused by wind, storm, misuse, incorrect set-up, failure to secure equipment or failure to follow instructions is the Customer’s responsibility.

 

15. Accidents, Breakdowns and Repairs
    • The Customer must immediately notify the Owner by telephone and in writing if:
      • the Caravan is damaged;
      • the Caravan is involved in an accident;
      • the Caravan breaks down or becomes unsafe;
      • the Caravan or any equipment is lost or stolen;
      • a warning light, safety issue or mechanical issue arises; or
      • the Caravan requires repair, recovery, or roadside assistance.
    • The Customer must not arrange, authorise, or conduct any repairs to the Caravan without the Owner’s prior written consent, except where emergency repairs are reasonably required to prevent further loss, damage or injury and the Customer cannot contact the Owner after making reasonable attempts.
    • In the event of an accident, the Customer must:
      • ensure the safety of all persons involved;
      • contact emergency services or police where required by law or where any person is injured, property is damaged, a vehicle cannot be moved, or another party fails to provide details;
      • obtain the names, addresses, telephone numbers, driver licence details, registration details and insurance details of all other drivers or parties involved;
      • obtain details of witnesses;
      • take photographs of the scene and damage where safe to do so;
      • not admit fault or liability without the Owner’s prior written consent; and
      • provide the Owner with all information and documents reasonably requested.
    • If the Caravan cannot be used due to breakdown, damage or accident, the Owner may, where reasonably available, provide a comparable replacement caravan. Availability of a replacement caravan is not guaranteed.
    • Subject to the Australian Consumer Law, the Customer is not entitled to compensation from the Owner for delay, inconvenience, loss of enjoyment, accommodation costs, travel costs, lost bookings or other loss arising from breakdown, accident, defect or inability to use the Caravan, except to the extent caused by the Owner’s breach of this Agreement, negligence or failure to comply with a consumer guarantee.

 

16. Damage, Loss and Customer Liability
    • Subject to clause 2, the Customer is responsible for:
      • damage to the Caravan during the Hire Period;
      • loss or theft of the Caravan or any keys, contents, equipment, or accessories;
      • damage caused by negligent, reckless, intentional, or unlawful conduct;
      • damage caused by breach of this Agreement;
      • damage caused by improper towing, incorrect loading, overloading, incorrect tyre pressure, unsafe driving, or unsuitable road use;
      • damage caused by water, salt water, sea spray, flooding, immersion, sand, dust, fire, smoke, storm, hail, wind, or failure to secure the Caravan;
      • tyre damage, wheel damage, underbody damage, overhead damage, and awning damage, except to the extent caused by fair wear and tear or the Owner’s breach of this Agreement;
      • recovery, towing, storage, and retrieval costs;
      • replacement costs for missing or damaged items;
      • cleaning costs;
      • loss of hire income reasonably incurred by the Owner while the Caravan is unavailable due to damage, loss, theft, or breach of this Agreement; and
      • any insurance excess or uninsured loss payable in relation to an incident involving the Caravan.
    • The Customer must return the Caravan in the same condition as at the start of the Hire Period, fair wear and tear excepted.
    • Fair wear and tear does not include damage caused by accident, impact, misuse, neglect, failure to follow instructions, failure to secure items, failure to monitor weather, unauthorised road use, smoking, pets, odours, stains, excessive dirt, or breach of this Agreement.
    • If keys are lost, damaged or not returned, the Customer must pay the reasonable cost of replacement keys, locks, remote devices, or related reprogramming. The Customer must not arrange to cut replacement keys without the Owner’s prior written consent.

 

17. Insurance and Exclusions
    • The Customer acknowledges that the Owner’s insurance arrangements may not cover all loss, damage or liability arising during the Hire Period.
    • The Customer must pay any applicable insurance excess and any uninsured loss, damage, cost, or liability arising from or connected with the Customer’s hire or use of the Caravan.
    • Without limiting any other clause, insurance may be void or unavailable if the Customer or any Authorised Driver:
      • breaches this Agreement;
      • provides false, incomplete, or misleading information;
      • uses the Caravan unlawfully;
      • drives while affected by alcohol, drugs, fatigue, or impairing medication;
      • allows an unauthorised person to tow or use the Caravan;
      • uses the Caravan on prohibited roads or outside approved areas;
      • fails to take reasonable care of the Caravan; or
      • fails to comply with accident reporting or insurer requirements.
    • The Customer is responsible for insuring personal property kept in or around the Caravan. The Owner is not responsible for loss of or damage to the Customer’s personal property, except to the extent caused by the Owner’s negligence, breach of this Agreement or failure to comply with applicable law.

 

18. Traffic Infringements, Fines and Tolls
    • The Customer is responsible for all fines, penalties, tolls, parking fees, camping fees, road user charges and infringement notices arising from use or possession of the Caravan during the Hire Period.
    • If any fine, toll, fee, or infringement is issued to the Owner, the Customer must reimburse the Owner for the amount payable, plus a reasonable administration fee of 10% of the amount payable.
    • The Owner may provide the Customer’s details to police, government agencies, toll operators, local governments, or other enforcement authorities where reasonably required.

 

19. Return of the Caravan
    • The Customer must return the Caravan to the Premises by the Return Date and no later than 4:00 pm on that date, unless the Owner agrees otherwise in writing. The Owner allows a grace period until 5:00 pmon the Return Date for ordinary delays. The grace period is not an extension of the Hire Period and does not affect the Customer’s responsibility for the Caravan during that period. Late return fees will apply after 4:00 pm, unless the Customer has requested and the Owner has approved a different return time in writing.
    • One-way hire is not available.
    • If the Customer wishes to extend the Hire Period, the Customer must request an extension before the Return Date. The Owner may accept or refuse the request having regard to availability, other bookings, and operational requirements.
    • No extension is valid unless approved by the Owner in writing and paid for by the Customer.
    • If the Caravan is returned late without the Owner’s written approval, the Owner may charge a late return fee of $50 per 15 minutes, or part of 15 minutes, after 4:00 pm, capped at $250 for the first day of late return.
    • The Customer must also pay any reasonable additional loss, cost or expense directly incurred by the Owner because of the late return, including loss arising from a missed or delayed subsequent booking, but only to the extent not already covered by the late return fee.
    • No refund, credit or reduction of Hire Fees is payable if the Caravan is returned before the Return Date, except where required by the Australian Consumer Law.

 

20. Cleaning and Toilet Cassette
    • The Customer must return the Caravan in a clean and tidy condition, including all internal areas, appliances, equipment, shower, and toilet, if fitted.
    • If the Caravan is not returned in a clean and tidy condition, the Owner may deduct cleaning charges from the Bond at $50 per hour, or the actual reasonable cost of cleaning if higher.
    • If the Caravan is fitted with a toilet cassette, the Customer must empty and clean the toilet cassette before return.
    • Failure to empty and clean the toilet cassette may result in a cleaning charge of $200 being deducted from the Bond.

 

21. Failure to Return, Abandonment and Recovery
    • If the Customer fails to return the Caravan by the Return Date, the Owner may take reasonable steps to locate, recover, and repossess the Caravan.
    • If the Caravan is not returned to the Premises as required, the Customer must pay:
      • retrieval charges of $110 per hour for the Owner’s travel and recovery time;
      • fuel, accommodation, towing, storage, and recovery expenses;
      • applicable daily Hire Fees until the Caravan is returned or recovered;
      • loss of hire income reasonably incurred by the Owner; and
      • damage, cleaning and repair costs.
    • If the Customer fails to return the Caravan and the Owner reasonably considers the Caravan to be lost, stolen, abandoned, or unlawfully retained, the Owner may report the matter to police.
    • The Customer is liable for the reasonable costs incurred by the Owner in connection with loss, recovery, or attempted recovery of the Caravan, including legal costs, recovery agent costs, replacement value of the Caravan and equipment, and loss of hire income, to the extent permitted by law.

 

 

 

 

22. Cancellation by Customer
    • The Customer may cancel a booking by giving written notice to the Owner.
    • Cancellation fees apply as follows:

Cancellation time	Cancellation fee
More than 30 days before the Collection Date	$50 administration fee
29 to 14 days before the Collection Date	$50 administration fee plus forfeiture of the Deposit
13 to 7 days before the Collection Date	50% of the total Hire Fees, including the Deposit
6 days or less before the Collection Date, or no-show	100% of the total Hire Fees

 

• If the Customer cannot travel due to a government-mandated restriction that legally prevents the Customer from undertaking the hire, the Owner will refund amounts paid less a $50 administration fee, provided the restriction is not caused by the Customer’s personal choice or failure to satisfy a lawful travel requirement.
• Refunds are not available for change of mind, weather conditions, illness, personal circumstances, early return, or unused hire days, except as expressly provided in this Agreement or required by law.

 

23. Australian Consumer Law and Limitation of Liability
    • Nothing in this Agreement excludes, restricts, or modifies any right, guarantee, warranty, or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
    • To the maximum extent permitted by law, the Owner’s liability to the Customer for breach of any non-excludable guarantee is limited, at the Owner’s option, to:
      • supplying the hire services again; or
      • paying the cost of having the hire services supplied again.
    • Subject to clauses 23.1 and 23.2, the Owner is not liable for any indirect, consequential or special loss, loss of enjoyment, loss of opportunity, loss of profit, alternative accommodation cost, travel cost or other expense arising from or connected with the hire, except to the extent caused by the Owner’s negligence, breach of this Agreement or failure to comply with applicable law.
    • The Customer’s liability under this Agreement is reduced to the extent that loss, damage, cost, or liability is caused or contributed to by the Owner’s negligence, breach of this Agreement or failure to comply with applicable law.

 

24. Release and Indemnity
    • The Customer uses and tows the Caravan at the Customer’s own risk, subject to the Owner’s obligations under this Agreement and applicable law.
    • The Customer indemnifies the Owner and its officers, employees, contractors and agents against any loss, damage, liability, claim, cost, or expense arising from or connected with:
      • the Customer’s breach of this Agreement;
      • the Customer’s negligent, reckless, intentional, or unlawful act or omission;
      • use, possession or control of the Caravan by the Customer or any Authorised Driver;
      • injury to or death of any person, or damage to property, caused or contributed to by the Customer or any Authorised Driver;
      • damage to the towing vehicle or other property caused by the Customer’s towing or use of the Caravan; and
      • fines, penalties, claims or demands arising during the Hire Period.
    • The indemnity in clause 24.2 does not apply to the extent that the relevant loss, damage, liability, claim, cost, or expense is caused by the Owner’s negligence, breach of this Agreement or failure to comply with applicable law.
    • The indemnities in this Agreement continue after the end of the Hire Period and termination of this Agreement.

 

25. Force Majeure
    • If a Force Majeure Event prevents or materially affects the Owner’s ability to provide the Caravan or perform its obligations, the Owner may:
      • delay performance;
      • offer a substitute caravan, if available;
      • offer alternative hire dates, if available; or
      • terminate the booking.
    • If the Owner terminates the booking under this clause before collection of the Caravan, and the termination is not caused by the Customer’s breach or default, the Owner will refund amounts paid by the Customer.
    • If the Owner terminates the hire under this clause after collection of the Caravan, the Owner will refund the unused portion of the Hire Fees and the Bond, less any amounts payable by the Customer under this Agreement.
    • Subject to the Australian Consumer Law, the Owner is not liable for loss, damage, cost, or inconvenience caused by delay, variation or termination arising from a Force Majeure Event.

 

26. Termination by Owner
    • The Owner may terminate this Agreement immediately and repossess the Caravan if:
      • the Customer breaches this Agreement;
      • the Owner reasonably believes the Caravan is at risk of damage, loss, theft, or unlawful use;
      • the Customer has provided false, misleading, or incomplete information;
      • the Customer has failed to pay any amount due;
      • the Customer becomes insolvent or is unable to pay debts as they fall due;
      • the Customer fails to return the Caravan when required; or
      • the Customer or any Authorised Driver acts in a manner that creates a safety, legal, credit or commercial risk.
    • On termination, all amounts owing to the Owner become immediately payable.
    • Termination does not affect any rights or obligations accrued before termination.

 

27. Privacy and GPS Tracking
    • The Owner may collect, use, and disclose personal information for purposes connected with the booking, hire, payment, verification of identity, insurance, debt recovery, enforcement, safety, asset protection, and legal compliance.
    • The Customer consents to the Owner collecting and using GPS location data from the Caravan for safety, recovery, asset protection, compliance with travel restrictions and management of the hire.
    • The Owner may disclose personal information to insurers, police, government agencies, toll operators, debt recovery agents, legal advisers and other third parties where reasonably required in connection with the hire or permitted by law.
    • The Customer should also read the Owner’s Privacy Policy.

 

28. Costs and Enforcement
    • The Customer must reimburse the Owner for all reasonable costs, charges and expenses incurred by the Owner in connection with:
      • the Customer’s breach of this Agreement;
      • recovery or attempted recovery of the Caravan;
      • recovery of unpaid amounts;
      • repair, replacement, cleaning, towing, storage, or assessment of the Caravan;
      • insurance excesses or uninsured losses; and
      • enforcement of the Owner’s rights under this Agreement.
    • Recoverable costs may include reasonable legal costs, debt recovery costs, assessment fees, inspection fees, towing fees, storage charges, and administrative expenses.

 

29. Notices
    • A notice under this Agreement must be given in writing by email, SMS or another method approved by the Owner.
    • A notice is taken to be received:
      • if sent by email, when it leaves the sender’s email system, unless the sender receives an automated delivery failure notice;
      • if sent by SMS, when sent, unless the sender receives a delivery failure notification; or
      • if delivered personally, at the time of delivery.

 

30. General
    • If more than one person is named as the Customer, each person is jointly and severally liable under this Agreement.
    • The Customer must not assign or transfer any rights or obligations under this Agreement without the Owner’s prior written consent.
    • A waiver of a right under this Agreement is effective only if given in writing and applies only to the specific instance for which it is given.
    • If any provision of this Agreement is invalid or unenforceable, it is to be read down or severed to the extent necessary, and the remaining provisions continue in force.
    • This Agreement binds the Customer and the Customer’s executors, administrators, successors, and permitted assigns.
    • This Agreement is governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.

 

31. Acceptance
    • By paying the Deposit, signing the Hire Schedule, accepting the booking confirmation, collecting the Caravan, or otherwise proceeding with the hire, the Customer acknowledges that the Customer:
      • has read and understood this Agreement;
      • agrees to be bound by this Agreement;
      • has had the opportunity to inspect the Caravan before departure;
      • accepts responsibility for the Caravan during the Hire Period; and
      • confirms that all information provided to the Owner is true, complete, and accurate.