Terms & Conditions - Hirers

 

1.1 Welcome to Camplify Co Pty Ltd.

 

1.2 The contract for the hire of the Camplify Caravan (Camplify Hire Contract) has two separate documents that together form the contract You have with Us. They are: the Camplify Tax Invoice (Tax Invoice) for the rental of the Camplify Caravan from the Caravan Owner, the terms of which You have agreed and accepted; and these rental terms and conditions (Terms and Conditions). The date of the Camplify Hire Contract is the date shown in the Tax Invoice. If the Caravan Owner operates a commercial hire business with its own terms and conditions You must also agree to the Owner’s terms and conditions and to the extent that there is any inconsistency with these Terms and Conditions the Owner’s terms and conditions will prevail.

 

All contracts have some legal terms and We ask that You take Your time to read these Terms and Conditions before commencing Your hire as We want You to fully understand Your rights and obligations. When You read these Terms and Conditions You will see that there are a number of terms that occur regularly throughout this document. These words or phrases have a specific meaning each time they appear and You need to be familiar with them.

 

Accident means an unintended and unforeseen collision between the Camplify Caravan and any other object, including another vehicle, that results in Damage or Third Party Loss. Authorised Driver means any driver of the Towing Vehicle approved by Us in writing on the Tax Invoice prior to the Start of the Rental. Camplify means Camplify Pty Ltd ACN 603 217 287.

 

Camplify Caravan means the Camplify Caravan described in the Tax Invoice and includes its parts, components and accessories. Caravan Owner means the person or company that owns the Camplify Caravan. Damage means any damage to the Camplify Caravan including its parts, components and accessories including any Loss of Use. End of the Rental means the date and time shown in the Tax Invoice or the date and time the Camplify Caravan is returned to Caravan Owner, whichever is the later.

 

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Tax Invoice because the Camplify 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, 2.2, 2.3, 3.1, 3.2, 3.3, 3.4, 4.1, 4.2, 5.6, or 5.7 of these Terms and Conditions.

 

Overhead Damage means any damage to the Camplify Caravan caused by an impact to the Camplify Caravan that is level with or above the level of the top of the windscreen of the Towing Vehicle.

 

Rental Charges means the charges payable for renting the Camplify Caravan from the Caravan Owner together with GST and any other taxes or levies which are all fully set out in the Tax Invoice.

 

Rental Location means the location of the Caravan Owner as shown in the Tax Invoice.

 

Rental Period means the period commencing at the time shown in the Tax Invoice and concluding at the End of the Rental.

 

Sealed Road means a road sealed with a hard material such as tar, bitumen or concrete. Start of the Rental means the date and time that the rental commences as shown in the Tax Invoice.

 

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 Camplify Caravan as described and approved by Us in the Tax Invoice.

 

Underbody Damage means any damage to the Camplify Caravan caused by an impact to the underside of the Camplify Caravan by an impact with the road or any obstruction that does not arise as result of an impact with another vehicle. We, Us, Our, means Camplify Pty Ltd ACN 603 217 287.

 

You, Your means the person, whether it is an individual, a firm or company that rents the Camplify Caravan from Us.

 

2. Who may tow the Camplify Caravan? Only You or an Authorised Driver can tow the Camplify Caravan. If You let anyone who is unauthorised or not notified to Camplify tow or drive the Camplify Caravan it is a Major Breach of the Camplify Hire Contract. Any Authorised Driver who is not the You the hirer who arranged the rental must be added via the prehire checklist at the time of handover with the owner. Any driver not added to the checklist who causes damage will be required to pay all costs involved including potential loss of income by the Owner. 

 

If there is a Major Breach of the Camplify Hire Contract neither You nor any Authorised Driver has cover for any Damage or for any Third Party Loss and both You and any Authorised Driver are liable to pay for that Damage and for any Third Party Loss.

 

We set a minimum age limit for those hiring and towing Our Camplify Caravan, so that You and any Authorised Driver must be at least 25 years of age, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Tax Invoice or agreed messages with the Owner. You and any Authorised Driver must also have a full valid licence to drive the Towing Vehicle that is not subject to any restriction or condition and probationary licence holders and learner drivers are not acceptable and must not tow the Camplify Caravan.

 

3. Prohibited Use The Towing Vehicle must not be used to tow the Camplify Caravan if Your licence or the licence of any Authorised Driver has been cancelled within 2 years before the date of the Tax Invoice. The Camplify Caravan must not be towed by You or any Authorised Driver: 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 and You and any Authorised Driver must not fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment; recklessly or dangerously; or whilst the Camplify Caravan is damaged, unroadworthy or unsafe. You and any Authorised Driver must not use the Camplify 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; to carry passengers for hire, fare or reward; or in connection with the motor trade for experiments, tests, trials or demonstration purposes. You and any Authorised Driver must not: modify the Camplify Caravan in any way; sell, rent, lease or dispose of the Camplify Caravan; or register or claim to be entitled to register any interest in the Camplify Caravan under the Personal Property Securities Act 2009. You and any Authorised Driver must not: smoke in the Camplify Caravan and You must prevent all other persons from doing so; or use the Camplify Caravan to transport any animals except assistance animals without Our prior written approval.

 

4. Where the Camplify Caravan can and cannot be used. Unless otherwise agreed between You and the Caravan Owner the Camplify Caravan must be towed on a Sealed Road at all times with the exception of: well maintained access roads less than 10 kilometres in length that are used for access to recognised camping grounds; or a road where roadworks are being conducted by a statutory road authority; The Camplify Caravan must not be used in any area that is prohibited by Us. Prohibited areas include: roads that are prone to flooding or are flooded; beaches, streams, rivers, creeks, dams and floodwaters; any road where the police or an authority has issued a warning; any road that is closed; any road where it would be unsafe to drive the Camplify Caravan; any area where snow has fallen or is likely to fall; and any area that is off-road.

 

5. Your obligations At the Start of the Rental You must:

 

(a) pay Us a Security Bond (Bond) of $1,000;

 

(b) pay Us the anticipated Rental Charges; 

 

(c) check if you are towing a Caravan that the Caravan and your tow vehicle complies with all recommended towing requirement by the state the Caravan and tow vehicle are registered in. and

 

(c) undergo an induction by the Caravan Owner as to the safe use, operation and handling of the Camplify Caravan;

 

The Bond will be refunded at the End of the Rental provided that: all amounts due to Us under the Camplify Hire Contract have been paid; the Camplify Caravan has been returned to the Caravan Owner at the Rental Location at the date and time set in the Rental Agreement; and there is no Damage or Third Party Loss. At the End of the Rental You must: pay Us the balance of the Rental Charges; return the Camplify Caravan in the same condition it was in at the Start of the Rental, fair wear and tear excepted; pay for any Damage to the Camplify Caravan, of for its loss as a result of theft, subject to the benefit of insurance pursuant to clause 8; complete a post-rental checklist with the Caravan Owner; and pay cleaning costs and any other costs We incur in reinstating the Camplify Caravan to the same condition it was in at the Start of the Rental, fair wear and tear excepted.

 

You and any Authorised Driver must pay all fines and infringements as well as any fines or charges imposed for parking or towing the Camplify Caravan or release of the Camplify Caravan if it has been seized by a regulatory authority. If We pay for any fines or infringements incurred by You during the Rental Period We will charge You an administrative fee for all such payments as well as charging You for the fine or infringement. You and any Authorised Driver must make sure that the Camplify 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. You and any Authorised Driver must take reasonable care of the Camplify Caravan by: preventing it from being damaged; making sure that it is protected from the weather; maintaining the tyre pressures; and making sure that it is not overloaded. If during the Rental Period the Camplify Caravan develops a fault; You must inform Us immediately and not drive the Camplify Caravan unless We have authorised You to do so. You must not let anyone else repair or work on the Camplify Caravan without Our prior written authority to do so.

 

6. Damage At the Start of the Rental You must: inspect the Camplify Caravan and compare any pre-existing damage against the current damage log; using either a Smartphone or a camera take photographs of all sides of the exterior of the Camplify Caravan and retain such photographs as required by ‘Renters must take photos of the RV’ section of the Camplify Damage Policy; and comply with the procedures for ‘Checking for new damage’ section of the Camplify Damage Policy. If You find any Damage that is not recorded on the damage log, You must report it (by phoning 1300 416 133 or by sending an email to info@camplify.com.au) before driving the Camplify Caravan. 

 

This must be submitted with the rental checklist. At the End of the Rental Period You must repeat the procedures for taking photographs as required by clause 1(b) and the Camplify Damage Policy. You must email the original photos, unedited and in the highest resolution available, to Us within five days of Our request. You are responsible for Damage to, or theft of, the Camplify Caravan and subject to the benefits of clause 8 (Insurance) You must pay the Caravan Owner for any Damage to the Camplify Caravan, or its theft, that occurs during the Rental Period. Any disputes relating to Damage are to be resolved strictly in accordance with the ‘Who is responsible for damage’ section of the Camplify Damage Policy. Any punctures or other damage to a tyre during Your reservation which is caused by driving over foreign objects is Your responsibility and You must repair or replace the punctured or damaged tyre at Your own expense. Regardless of the cause of the flat tyre or puncture, if You drive the Camplify Caravan with a flat tyre You will be responsible for any resulting damage to the wheel or the Camplify Caravan.

 

7. Our obligations The Caravan Owner will supply a Camplify Caravan that is mechanically sound and in good working order taking into account the age of the Camplify Caravan. Neither We nor the Caravan Owner are responsible for any consequential loss You may suffer if the Camplify Caravan breaks down.

 

8. Insurance Each Caravan Owner has a comprehensive insurance policy (Policy) that provides You or any Authorised Driver with cover for Accidental Damage to the Camplify Caravan or its theft. As You are liable for Damage to the Camplify Caravan, or its theft, pursuant to clause 5, at the Start of the Rental You must obtain a copy of the Policy from the Caravan Owner and: confirm that that the Policy is current for the Rental Period; confirm that it provides You and any Authorised Driver with the appropriate level of cover to protect You and any Authorised Driver from liability where there is Accidental Damage to the Camplify Caravan or it is stolen; obtain from the Caravan Owner a copy of the Policy terms, conditions and exclusions, as We do not review the Caravan Owner’s insurance cover; and during the Rental Period observe and comply with the Policy terms, conditions and exclusions. The sufficiency, effectiveness and adequacy of Insurance cover for the Camplify Caravan during the Rental Period is Your responsibility and We have no liability to You or the Caravan Owner in the event that the insurance cover is insufficient, ineffective or inadequate, or if indemnity under the Policy is denied.  If the Owner has elected to have their Caravan insured through Us the product disclosure statement can be found online at www.camplify.com.au/insurance 

 

Each Camplify Caravan has cover for Third Party loss or damage caused by a fire in the Camplify Caravan, provided that the cause of the fire is Accidental (Camplify Fire Cover). If the Caravan Owner operates a commercial hire business, insurance cover for the Camplify Caravan is in accordance with the terms and conditions under which the Camplify Caravan is hired by You from the Caravan Owner and You must ensure that the insurance cover is sufficient, effective and adequate and We have no liability to You or the Caravan Owner in the event that the insurance cover is insufficient, ineffective or inadequate, or if indemnity under the Policy is denied. 

If the Owner has elected to have their Caravan insured through Us the product disclosure statement can be found online at www.camplify.com.au/insurance 

 

There is no insurance cover for personal items that are left in or stolen from the Camplify Caravan and You are strongly recommended to take out Your own insurance policy to cover any such loss.

 

9. Rental Period, costs & charges The Tax Invoice shows: the Rental Period for which You have hired the Camplify Caravan; and the Rental Charges. At the End of the Rental You must return the Camplify Caravan no later than 12 noon on the date shown in the Tax Invoice or as agreed with the Owner in writing through the Camplify system. 

 

If You return the Camplify Caravan more than one hour after the time set for its return in the Tax Invoice We will charge You $20.00 per hour up to one full day and a further full day’s rental for each 24 hour period thereafter until the Camplify Caravan is returned to Us. If You return the Camplify Caravan at any time other than during Our normal business hours You will be responsible for the daily Rental Charges and all Damage until the Rental Location next opens for business. At the End of the Rental You must pay for all amounts owing pursuant to clause 5.3. All moneys payable under the Camplify Hire Contract are payable to Us in full at the End of the Rental and any moneys owed to Us thereafter accrue interest at the rate of 10% per annum commencing 14 days after the End of the Rental.

 

10. Accidents or breakdowns If the Camplify Caravan breaks down because of a mechanical defect You must contact Us on 1300 416 133 or by sending an email to info@camplify.com.au. All hires through Camplify come with nation wide roadside assistance through the NRMA. The NRMA can assist with: tyre changing; lost keys; basic problems, or keys locked in the Camplify Caravan, however please note that extra charges will apply if any of these services are provided at Your request. 

We will provide all practical assistance and the availability of a replacement caravan is conditional upon any entitlement to a replacement in the Caravan Owner’s insurance policy. 

 

If You or an Authorised Driver has an Accident or if the Camplify 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 Camplify Caravan 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. If You or an Authorised Driver have an Accident You and the Authorised Driver must: exchange names and addresses with the other driver; obtain the names and addresses of all witnesses; not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability; forward all third party correspondence or court documents to Us within 7 days of receipt; and 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.

 

11. Cancellation Policy We appreciate that circumstances can change and that You may need to cancel Your booking.

 

A booking is deemed as cancelled when You click the cancel button on Your profile page relating to that booking. You must pay the cancellation fee notified to You when the cancellation is accepted.

 

Up to 90 days prior to the Rental Period You will receive a full refund.

 

Between 89 Days and 30 days to the Rental Period You will recieve a 50% refund. 

 

Less then 30 Days from the Rental Period You will receive no refund. 

 

Any entitlement to a refund is subject to the Camplify Booking Fee, which is non-refundable and any and all taxes will be retained and remitted. Cleaning fees are refunded if a cancellation is made in accordance with this clause. If there is a dispute with the Caravan Owner regarding cancellation, You must notify Camplify within 48 hours of booking and allow Camplify to resolve the dispute. In extenuating circumstances, Camplify in its sole discretion may waive the operation of the Cancellation policy.

 

12. Major Breach of the Camplify Hire Contract If You or any Authorised Driver: commit a Major Breach the Camplify Hire Contract in a way that causes Damage or Third Party Loss; or drive the Camplify Caravan in a reckless manner so that a substantial breach of road safety legislation or the Crimes Act 1900 (NSW), or equivalent legislation in other states, has occurred, You and any Authorised Driver may have no cover under the Owner’s insurance policy so that You may be liable for all Damage to the Camplify Caravan or its theft, or any Third Party Loss. We may terminate the Camplify Hire Contract and We or the Caravan Owner may take immediate possession of it if a Major Breach of the Camplify Hire Contract has occurred.

 

13. Other general provisions The Camplify Hire Contract is governed by the laws of the New South Wales 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 Camplify 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. 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. We welcome every opportunity to resolve any concerns You may have with Our service. In the first instance contact Us to discuss Your concern. If any dispute arises between You and Us in relation to Damage to a Camplify Caravan, Camplify’s ‘Complaints and Member Dispute Resolution Policy’ will apply.

 

The Complaints and Member Dispute Resolution Policy is available on Our website or by writing to: Internal Dispute Resolutions Officer Camplify Co Pty Ltd PO Box 1143 NEWCASTLE NSW 2300 Your concern will be investigated by an officer with full authority to deal with the complaint and We will inform You of the outcome within fifteen working days of receiving Your letter.