- “Bond” means the amount as described in the Schedule.
- “Caravan” means the caravan owned by the owner and on hire to the Customer, as described in the Schedule.
- “Customer” means the person named as such in the Schedule.
- “Deposit” means the amount described in the Schedule to be paid by the Customer to the Owner as a holding fee for the Caravan.
- “Force Majeure” means an act, event or cause which is beyond the reasonable control of the Owner. Without limiting the meaning of this expression it shall include:
- An act of God, war, sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, peril of the sea, accident of navigation, fire, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, strike or other labour difficulty, epidemic, quarantine, radiation, or radioactive contamination;
- Action or inaction of a government or other competent authority, including expropriation, restraint, prohibition, intervention, requisition, requirement, direction, embargo by legislation, regulation, decree or other legally enforceable order; and
- Breakdown of plant, machinery or equipment or shortages of labour, transportation, fuel, power or plant, machinery, equipment or material.
- “Owner” means Great Southern Caravan Hire (ABN 49261073979).
- “Premises” means the Owner’s premises as advised to the customer.
- “Rental Fee” means the amount payable by the Customer to the Owner to enable the Customer to hire the Caravan for the Term, as set out in the Schedule.
- “Schedule” means the schedule annexed hereto containing hire agreement detail.
- “Term” means the duration of hire as described in the Schedule.
The Owner agrees to hire to the Customer and the Customer agrees to take from the Owner the Caravan for the Term, in exchange for the Rental Fee.
A Bond of fifteen hundred dollars ($1,500) is to be paid prior to departure if the driver is over the age of 25. If the driver is under the age of 25 the Bond will be three thousand dollars ($3,000) and also needs to be paid prior to departure. The Bond will be refunded within seven (7) business days of return and following inspection of the van and contents. The cost of any breakages, cleaning charges or necessary repairs (other than normal wear and tear) will be deducted from the Bond.
- Subject to any damage noted in the Schedule, the Customer agrees to return the Caravan in the same condition as prior to the commencement of the hire Term. This includes cleanliness.
- The Caravan must be returned to the Premises at the conclusion of the Term, unless otherwise agreed in writing.
- A deposit of 30% of the total hire booking is payable at the time of booking the Caravan. The booking is not confirmed until this deposit is received within the required timeframe. In the event of the cancellation of the booking, refer to clause in these terms and conditions titled Cancellation by Customer.
- The Rental Fee must be paid fourteen (28) days prior to the commencement of the Term or such shorter period as agreed to be the Owner in writing. The Customer must also pay to the Owner a Bond (by either way of cash, cheque or bank deposit) five (5) business days prior to the commencement of the Term to cover any damage caused by the Customer to the Caravan. If paying by cheque, it must be cleared five (5) business days prior to departure. If the bond is not present within GSCH account the day prior to hire, a credit card will be charged and this will incur a 2.3% merchant fee.
- No portion of the Rental Fee will be refunded to the Customer in the event that the Caravan is returned prior to the conclusion of the agreed Term.
- The Customer warrants as follows:
- That the Customer has an unrestricted driver’s licence issued by a state or territory in Australia.
- That the Customer is over the age of twenty-five (25) years and under the age of seventy-five (75) years.
- That the vehicle which will be used to tow the Caravan is currently registered (and will remain registered for the duration of the Term) and has comprehensive insurance, including insurance for any personal effects ended to be stored therein. A Certificate of Currency is to be provided prior to commencement of hire.
- That the vehicle which will be used to tow the Caravan complies in all respects with all suggested manufacturer’s towing requirements for the Caravan and the tow vehicle.
- That the owner reserves the right to refuse hire should the towing vehicle not comply.
- That the vehicle which will be used to tow the Caravan will be fitted with an electric brake unit or alternatively, a mobile brake unit will be hired with the caravan at the applicable hire fee. Please note that mobile brake units do not run a caravan fridge whilst travelling.
- That the Customer has knowledge and the relevant skills to tow and load/unload the Caravan from the towing vehicle.50Repairs, Breakdowns and Accidents:
- The Customer is not authorised to make any repairs to the Caravan whatsoever, without first liaising with the Owner and getting the Owner’s written consent.
- In the event that the Caravan requires repairs, is damaged or requires collection, the Customer must immediately advise the Owner by telephone.
- The Customer is responsible for contacting and notifying the Police immediately in the event of an accident.
- The Customer is also responsible for obtaining all details required following an accident in relation to witnesses, other drivers, other vehicles and police who attend the accident.
- If the Caravan is no longer able to be used by the Customer, the Owner may, where available, make arrangements to provide the Customer with a comparable Caravan as soon as possible.
- The Customer shall not be entitled to recover from the Owner any sum whatsoever for any delay, inconvenience or loss of any kind due to accident, breakdown, defect or any inability to use the Caravan.
- The Customer is fully responsible for any and all damage costs. Any costs in relation to damage, loss or theft will be deducted from the Bond and then charged to you.
- In the event that the Customer loses the keys for the Caravan, the Customer is liable to pay the Owner the sum of twenty dollars ($20.00), which will be deducted from the Bond. Please do not get your own key cut as we cut keys from the original keys.
- The Customer agrees to comply with the following conditions of hire during the Term:
- No animals are permitted to enter the Caravan.
- The Caravan is to be towed only on sealed roads. If gravel access roads, suitable for 2WD, are required to be driven on to access a camp site, prior approval is required. The hired vehicle must also not be towed on four (4) wheel drive roads or tracks. Damage caused due to contravention of this condition of hire is to be met entirely by the Customer. Please be aware that all of our Caravans are fitted with GPS trackers.
- No items are to be stored on the floor of the Caravan as this may cause damage to the floor coverings and furniture.
- No items are to be carried or fixed to the roof, A-frame or rear bumper bar of the Caravan, excluding up to the appropriate number of bicycles on the bike rack. Failure to do so will result in forfeiture of the Bond.
- Only the Customer may tow and otherwise use the Caravan during the Term. The Caravan is not to be sub-let or loaned to any other person. Any persons wishing to tow the Caravan must be noted as a Customer in this Agreement.
- No smoking is permitted in or near the Caravan. The cost of rectifying any smoke smell or other odour emanating from the Caravan (including that from a camp fire) a rate of $300 may be deducted from the Bond.
- Acknowledgement of Obligations: The Customer provides acknowledgment of the following obligations in respect of Customer’s use and operation of the Caravan:
- To always tow the Caravan and otherwise use the Caravan safely and with due care and consideration of others.
- To not tow the Caravan when intoxicated by alcohol or in any way affected by drugs, prescription or otherwise.
- To at all time comply with all lawful directions of the Owner or any other authoritative figure, such as police.
- To comply with all policies rules and regulations relating to the use of the Caravan as supplied, displayed or otherwise advised to the Customer by the Owner and to comply with all road traffic laws.
- To pay for any parking fines or traffic infringement notices issued plus a ten percent (10%) administrative fee, if issued to the Owner.
- To not operate the Caravan in a manner which is contrary to relevant law.
- To secure the Caravan in a reasonable manner when not in use to avoid theft or damage of the Caravan or its contents.
- To not use the Caravan in a manner which will likely cause damage to it.
- In windy weather, put away awnings and any other equipment that may be damaged by strong weather. It is the Customer’s responsibility to be aware of upcoming weather conditions.
- To not tow the Caravan outside of Western Australia, unless prior written approval has been given by the Owner.
Exclusion of any Warranties
- The Customer acknowledges that the Owner is not making any warranties or representations:-
- As to the towing or operation of the Caravan.
- That any materials provided in connection with the use of the Caravan will be fit for the purposes intended.
Obligations at end of Term
- If the Customer wishes to extend the Term, notice must be provided to the Owner, who, upon consideration of availability, may grant an extension of the Term.
- Upon the conclusion of the Term the Caravan is to be returned to the Premises. One way hire is not available.
- The Caravan is to be returned to the Premises upon expiration of the Term at the agreed time and no later than 5pm that day, unless alternative arrangements made with the Owner. A late return penalty of $250 per day (or part thereof) may otherwise be charged.
- There are no refunds partial or otherwise and no future credit accrued as a result of early return of caravan or any other hire equipment.
- Upon the conclusion of the Term the Caravan (including the toilet and shower, if fitted) is to be returned to the Premises in a clean and tidy condition. Failure to do so may result in cleaning charges being deducted from the Bond at the rate of $50 per hour. Failure to empty the toilet cassette (if applicable) may result in a cleaning charge of $200 being deducted from the Bond.
- If you fail to return the Caravan to the Premises it will result in retrieval charges of $110 per hour for the Owner to travel to the location of the Caravan and to return it to the premises, plus any applicable daily hire charges, being deducted from the Bond.
- If you fail to return the Caravan and we report the Caravan as stolen, you are responsible for the retrieval charges detailed above, and all damage costs and any other costs we incur in connection with the loss or recovery of the Caravan. You may be charged all damage costs (including without limitation the replacement value of the Caravan and any equipment and loss of hire fees, our reasonable costs involved in recovering or attempted to recover the vehicle including legal fees.
- Subject to any pre-existing damage noted in the Schedule, the Caravan must be returned in the same condition as at the commencement of the Term (including the condition of the awnings, shades and annexes), fair wear and tear excepted.
- Should the Caravan be returned to the Owner in the same condition as it was prior to the commencement of the Term, the Bond will be refunded in full to the Customer, within seven (7) days of the conclusion of the Term.
- Should the Caravan be returned with any damage or not be returned at all, the Customer authorises the Owner to apply the Bond to the repair, retrieval or other costs and/or replacement of the Caravan. The Owner reserves their right to pursue the Customer for the cost of any further repairs required to the Caravan, in excess of the Bond.
- The Customer acknowledges that the Bond may not be available to be refunded immediately if the state of repair of the caravan cannot be assessed or any damages are yet to be quantified. The Owner will endeavour to refund any Bond within seven (7) days of the conclusion of the Term.
Release and Indemnity
- In consideration of the Owner leasing the Caravan to the Customer, the Customer agrees that:
- The Customer will use the Caravan solely at their own risk.
- The Customer has inspected the Caravan and accepts it as it stands with all or any defects, whether hidden or exposed.
- The Customer acknowledges that any damage by sea water is not covered by insurance and as such, the Customer will be solely responsible for any damage to the Caravan caused by sea water.
- The Customer confirms that they accept the Caravan to be safe and suitably operational.
- The Customer accepts full responsibility for any injury the Customer may suffer or for the Customer’s death and for any damage or destruction to the Caravan whether caused or contributed to by the Customer or by any other person.
- The Customer accepts full responsibility for any injury or death of another person and for any damage to or destruction of another person’s property or other property to the extent to which the Customer has caused or contributed to such injury, death, damage or destruction by the Customer’s negligent, reckless or intentional acts or behaviour.
- The Customer releases the Owner and the Owner’s directors, agents, employees and representatives from and against any liability for or in respect of the Customer’s injury or death and any liability for or in respect of damage to or destruction of the Caravan or other property whether caused or contributed to by the Customer’s or anyone else’s negligence, recklessness, intentional act or breach of obligation (including any damage to the tow vehicle).
- The Customer will release the Owner from any loss or destruction of the Customer’s personal effects stored in or around the Caravan, whether occurring during the Term or following conclusion of the Term.
- The Customer will indemnify and keep indemnified the Owner and the Owner’s directors, agents, employees and representatives from and against any liability for or in respect of the injury or death of the Customer or any other person and from and against liability for or in respect of or damage to or destruction of the Caravan or other property or other property of any other person caused or contributed to by the Customer’s negligence, recklessness, intentional act or breach of obligation.
- The indemnities and assumptions of liability contained herein will continue in full force and effect notwithstanding the termination of this Agreement, whether by expiration of time or otherwise.
- The Customer must on demand reimburse the Owner for all costs, charges, expenses, fees, disbursements (including all reasonable legal costs on a solicitor and own client basis and any insurance excess) paid or incurred by the Owner of or incidental to:
- Any breach, default or repudiation of this Agreement by the Customer (including the fees of all professional consultants properly incurred by the Owner in consequence of, or in connection with, any such breach, default or repudiation).
- The exercise or attempted exercise of any right, power, privilege, authority or remedy of the Owner under or by virtue of this Agreement.
- The Owner may terminate this Agreement at any time and immediately repossess the Caravan if the Customer fails to comply with any of the terms of this Agreement, the Owner considers the Customer a credit risk or upon giving seven (7) days notice.
- In such a circumstance, all amounts owing to the Owner by the Customer shall become immediately payable.
Cancellation by Customer
- Cancellation fees apply as follows:
- If cancelled over 30 days prior to pick-up date: A $50 administration fee will be charged.
- If cancelled within 29-14 days of pick up date: A $50 administration fee plus the Deposit is non-refundable;
- If cancelled within 13-7 days prior to pick up date: 50% of the full Rental Charges paid including the Deposit is non-refundable.
- If cancelled within 6 days prior to pick up date or no show without communication received: No refund available.
- Government mandated obligations relating to Covid 19 (excluding if you have chosen not to get vaccinated and are not permitted by the Government to travel): Full refund minus the $50 administration fee.
- If the Owner shall in any way be prevented from performing their obligations herein due to an act of force majeure, the Owner shall be entitled to delay performance of this Agreement or terminate this Agreement with immediate effect.
- In such a circumstance, the Hirer shall not be entitled to make any claim for loss or damage as a result of any delay or termination.
- In the event of termination of this Agreement pursuant to this clause, refunds to the Customer will be made as follows:
- Prior to collection of the Caravan and through no default of the Customer, refund of all monies paid.
- After collection of the Caravan, balance of Rental Fee for Term remaining after Termination and Bond (less any claims by Owner).
- The Owner may at any time prior to the commencement of the Term alter the Customer’s booking such as by providing a similar size and similar feature Caravan to that originally booked due to unforeseen circumstances.
- Inspection is invited on the day of hire to ascertain any marks or damage before the Caravan is towed away. Thereafter any damage will be deemed to have been caused by the customer and as such will incur costs for repair to the owner. These costs will be taken from the bond money..
- The Owner shall at all times remain the owner of the Caravan and the Customer shall not part with possession of the Caravan.
- The Customer agrees that if any term of this Agreement, or any part thereof or expression therein, shall be or become invalid or unenforceable, that the remaining terms and conditions shall not be affected.
- This agreement is binding on the Customer’s personal representatives in the event of the Customer’s death.
- If more than one (1) person is named as the Customer for this Agreement, any obligation or covenant in this Agreement binds each person jointly and severally.
- This Agreement will be construed in accordance with the law of the State of Western Australia and the law of that State will be the proper law of the contract. The parties submit to the non-exclusive jurisdiction of the courts of that State and any courts which may hear appeals therefrom.
At the time of booking please also take the time to read:
– Your specific booking agreement detailing all arrangements, hire details and fees applicable.