By listing your RV on Camplify you agree to the following terms and conditions; between and CAMPLIFY Co PTY LTD ACN 603 217 287 (Camplify) THE CARAVAN OWNER IDENTIFIED IN AS PER THEIR CREATED LISTING (OWNER)
A - Camplify carries on the business of renting caravans, camp trailers, motor homes and other recreational Vehicles to customers on a ‘peer to peer’ and commercial basis.
B - The Owner owns a Caravan which they will make available for rental to customers who book through Camplify.
C - The parties wish to market and promote Camplify as a unique holiday experience.
D - The Owner appoints Camplify as its third party agent to market and promote Camplify Caravan rentals, and Camplify accepts that appointment on the terms and conditions of this Agreement.
Now it is agreed as follows:
1 Definitions and interpretation
1.1 Definitions In this agreement:
Anniversary Date means 11.59 pm on the date as shown on profile go live. Business Day means: (a) for the purposes of receiving a Notice, a day which is not a Saturday, Sunday, public holiday or bank holiday in the city in which the Notice is to be received; and (b) for any other purpose, a day on which the banks are open for business in Sydney, New South Wales.
Camplify Caravan Rental Services means the Caravan rental services provided by Camplify; Camplify Website means the website at www.camplify.com.au
Caravan means the Owner’s caravan, camp trailer, motor home or other recreational vehicle as described in their listing.
Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, Loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this agreement; Corporations Act means the Corporations Act 2001 (Cth);
Hirer means an individual whose membership has been accepted by Camplify, who is bound by the Camplify Rental Terms and Conditions and who seeks to hire a Caravan pursuant to the Camplify Caravan Rental Services.
Insolvency Event means the occurrence of any one or more of the following events regarding any party to this agreement:
- a meeting has been convened, resolution proposed, petition presented or order made for the winding up of that party;
- a receiver, receiver and manager, provisional liquidator, liquidator, or other officer of the Court, or other person of similar function has been appointed regarding all or any material asset of the party;
- a security holder, mortgagee or chargee has taken attempted or indicated an intention to exercise its rights under any security of which the party is the security provider, mortgagor or chargor; or
- an event has taken place with respect to the party which would make, or deem it to be, insolvent under any law applicable to it; Owner’s Rental Fee means the rental charges payable and received by Camplify from the Hirer less a service charge of 10 per cent of the rental charges for the services and administration provided to the Owner by Camplify pursuant to this Agreement.
Territory means New South Wales.
1.2 Interpretation In this agreement, unless the context otherwise requires:
- a reference to:
- (i) a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to this agreement and references to this agreement include any recital, schedule or annexure;
- (ii) a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
- (iii) a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns; (iv) time is a reference to legal time in Sydney, New South Wales;
- (v) a reference to a day or a month means a calendar day or calendar month;
- (vi) money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;
- unless expressly stated, no party enters into this agreement as agent for any other person (or otherwise on their behalf or for their benefit);
- headings and the table of contents are for convenience only and do not form part of this agreement or affect its interpretation;
- if the last day for doing an act is not a Business Day, the act must be done instead on the next Business Day;
- a provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this agreement or the inclusion of the provision in this agreement.
Subject to the terms and conditions of this Agreement, in the Territory and during the term of this Agreement the Owner appoints Camplify, and Camplify accepts its appointment, as the Owner’s third party agent to market and procure the sale of the Camplify Caravan Rental Services.
2.2 It is expressly agreed that neither party has authority to enter into agreements or make any commitments on the other party’s behalf, except to the extent necessary for Camplify to operate the Camplify Caravan Rental Services as contemplated by this Agreement.
3.1 This Agreement commences on the date of this Agreement and, unless terminated earlier in accordance with this Agreement, continues in force until the Anniversary Date.
3.2 The Agreement may be extended by mutual agreement by the Owner leaving their Caravan listed on the Camplify system.
4 Eligibility and membership
4.1 The Owner must create a profile listing of their Caravan on the Camplify Website and must include detailed pictures inside and out showing all aspects of all angles of their Caravan as required by the Camplify Damage Policy.
4.2 The Caravan must be registered and covered by a comprehensive insurance policy acceptable to Camplify throughout the Term of this Agreement.
4.3 The Owner must make their Caravan available for hire for a minimum of 8 weeks per year.
4.4 All Caravans must be submitted by the Owner to Camplify for approval before being added to the Camplify Website and approval and acceptance is entirely at Camplify’s discretion and is based on quality of the Caravan.
4.5 For the Caravan to be approved and accepted by Camplify, and for the duration of the Term, it is the Owner’s responsibility to ensure that:
- the Caravan has:
- a fully functional smoke alarm; (if the Caravan has an indoor kitchen);
- a fire blanket; and
- a fully functional fire extinguisher
- a first aid kit; and.
- any gas bottles are be in good condition and in date.
4.6 The Owner must provide Camplify with towing requirements of the Caravan via their listing profile. Should the Owner provide the wrong requirements of the Caravan and the Hirer is then impacted due to any damage caused, the Owner may be held responsible for any loss.
5 Camplify’s Obligations
5.1 Camplify agrees that until the Anniversary Date it will:
- an online platform that connects Caravan Owners who create listings for Caravan Rentals that are made available for booking by holiday makers seeking to book a caravan rental;
- liability cover for Caravan renters which provides renters with third party cover for major accidental damage caused by fire or accident. This cover is only active from the completion of the rental check list on pick up and drop off.
- secure and manage the security bond of $1000 from the hirer.
- Provide the Owner with up to $1000 for any damaged caused through hiring the Caravan in accordance with the Hiring terms and conditions.
- Check all renters to ensure;
- tow vehicles are covered by insurance and are registered;
- tow vehicles are suitable to tow the Caravan; and
- Caravan renters have a current and valid driver’s licence for any towing requirements
- the Camplify Caravan Rental Services on the Website as appropriate;
- Camplify Caravan Rental Services though advertising as appropriate; (
- develop opportunities through its customer base;
- promote the Camplify Caravan Rental Services at trade shows and through its literature; and
- administer the rental of the Camplify Caravan, including managing bookings for Camplify Caravan Rental Services, co-ordination of the drop off of the Camplify Caravan at the commencement and conclusion of each rental and collection of rental fees from Hirers.
6 The Owner’s Obligations
6.1 The Owner agrees that until the Anniversary Date to:
(a) comply with Camplify’s policies as follows:
- Camplify Damage Policy;
- Camplify Dispute Resolution Policy.
- list the Caravan with the following requirements:
- using a smartphone or camera to take: a minimum of 4 photos inside the Caravan; a minimum of 4 photos outside of the Caravan; and a photo of the registration plate; and
- all photos are less than 1 month old;
- registration of the Caravan as required by law; and
- comprehensive insurance of the Caravan with an insurer acceptable to Camplify and with a sum insured for no less than the market value of the Caravan;
- provide Camplify with:
- a copy of the registration certificate;
- a copy of the Caravan’s comprehensive insurance policy and current policy schedule;
- a full inventory of everything that is included in the Caravan; and
- completed Camplify check-list.
- ensure that the Camplify Caravan is registered, roadworthy, clean and in a good operating condition;
- make available the Owner’s Camplify Caravan for the Camplify Caravan Rental Services;
- make available the Camplify Caravan for Camplify to use for trade shows and any other promotional opportunities that present themselves;
- supply images and text for Camplify to use for the Website and marketing activities;
- follow the branding guidelines of Camplify when required to do so (and agreed); and
- acknowledge that this is an agency agreement and that they will not take any leads provided by Camplify for offline payment.
7.1 Upon receipt of a Hirer’s request to hire the Owner’s Caravan the Owner will:
- contact the Hirer;
- ask and answer questions to assess the suitability of the Hirer to hire the Owner’s Caravan; and
- approve or reject the Hirer’s request for a booking.
7.2 Upon receipt of notification of a confirmed booking Camplify will:
- collect payment of the rental charges and Security Bond from the Hirer; and
- undertake any checks required to ensure the Hirer meets the minimum standard required to hire the Caravan.
7.3 Upon confirmation from Camplify as to the Hirer’s suitability, the Owner must:
- agree with the Hirer to meet at a mutually acceptable location for the hire to commence; and
- induct the Hirer into the safe use, operation and handling of the Caravan.
The Owner in conjunction with the Hirer must:
- complete the rental checklist, including agreement that any pre-existing damage matches the current damage log;
- take photos of the interior and exterior of the Caravan as required by clause 6.1 and the Camplify Damage Policy;
- take a photo of all authorised drivers drivers licenses and upload to the checklist and
- conduct an inventory review.
7.5 The Owner must be reasonably available during the rental to assist the Hirer by answering any questions and resolving any issues that have arisen during the rental.
7.6 At the end of the rental, the Owner must:
- agree with the Hirer to meet at a mutually acceptable location;
- complete the post rental check list;
- take photos of the interior and exterior of the Caravan as required by the Camplify Damage Policy;
- review and agree with the Hirer on any damage caused during the rental; and
- review the inventory for missing items.
7.7 If any damage has been caused to the Caravan during the rental or if there are any other issues raised by the Owner as to the Hirer’s obligations or the Hirer as to the Owner’s obligations these must be reported to Camplify within 24 hours using the dispute form.
8 Parties’ Conduct
8.1 Each party acknowledges and agrees that it will not:
- do anything which could give rise to a claim against the other party for loss or damage from any person including by:
- making misleading or deceptive or untrue statements; or
- acting unconscionably or unfairly; or
- act in a manner which brings the reputation of the other party into disrepute.
9 Fees payable by Hirers and to Owners
9.1 Upon confirmation of the booking the Hirer will pay to Camplify:
- the rental charges; and
- $1,000 to be secured against the Hirer’s credit card for the Security Bond (Bond), which is payable on completion of the rental via the Braintree payment gateway.
9.2 The Bond will be released to the Hirer within 24 hours of completion of the rental, subject to there being no damage to the Camplify Caravan and no breach of the Hirer’s obligations under the Camplify Hire Contract.
9.3 Camplify will pay to the Owner the Owner’s Rental Fee from amounts received by Camplify for completed Camplify Caravan Rental Services that originate from sales generated by Camplify and Camplify may at its sole discretion amend the daily fee upon 14 days’ notice to the Owner.
9.4 Camplify will provide the Owner with all relevant information reasonably required by the Owner for the calculation of the Owner’s Rental Fee.
10.1 Camplify provides the followwing cancellation policy for all hirers;
A booking is deemed as cancelled when the hirer clicks the cancel button on their profile page relating to that booking.
The hirer must pay the cancellation fee notified to Camplify when the cancellation is accepted.
- Up to 90 days prior to the Rental Period the hirer will receive a full refund.
- Between 89 Days and 30 days to the Rental Period the hirer will receive a 50% refund.
- Less then 30 Days from the Rental Period the hirer will receive no refund.
As a Camplify Owner you must agree to comply with these cancelation policies and work in accordance to these.
10.4 Services fees are refunded if a cancellation is made in accordance with this clause 10
10.5 If there is a dispute from either party relating to cancellation, the Owner and the Hirer must give Camplify notice of the dispute within 48 hours of booking and allow Camplify to resolve the dispute.
10.6 If the Owner cancels the booking for any reason any funds provide to the owner must be returned to Camplify via direct deposit within 24 hours. A booking is deemed to have been cancelled at the time when the Owner clicks the cancel button on their profile page relating to that booking.
10.7 In extenuating circumstances, Camplify in its sole discretion may waive the operation of the Cancellation policies in clauses 10.2 and 10.3.
11 Relationship of Parties
11.1 This Agreement does not imply that the parties intend constituting a partnership, joint venture or other form of association in which any party may be liable for the acts or omissions of another, and no party has authority to pledge the credit of another.
12 Intellectual Property
12.1 Each party acknowledges and agrees that this Agreement does not transfer to either party any Intellectual Property Rights.
12.2 Each party acknowledges that it will have no rights and will not acquire any rights in respect of any trademarks, brands or trade names used by any other party or of the goodwill associated with them and that all such rights and goodwill are, and will remain, with the relevant owner.
12.3 Each party will, at the expense of the requesting party, take all such steps as a requesting party may reasonably require to assist that party in maintaining the validity and enforceability of its Intellectual Property Rights.
13.1 Each party indemnifies and agrees to keep indemnified the other party against any loss, claim, damage, liability, action or legal proceedings and all costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) in connection with the enforcement of this Agreement or arising either directly or indirectly as a result of a breach by the indemnifying party of its obligations or of any warranties or representations given under this Agreement, including any action brought by third parties against the other party as a result, either directly or indirectly, of such breach.
13.2 Other than in respect of a breach of clause 12 or clause 17, neither party will be liable for any indirect loss or consequential loss, loss of profits, loss of revenue, loss of goodwill, exemplary damage or punitive damages arising in any way out of this Agreement however caused.
14.1 During the currency of this Agreement the Owner must, at the Owner’s expense, take out and maintain with an insurer approved by Camplify:
- a comprehensive policy that provides:
- indemnity for the market value of the caravan;
- indemnity for third party loss; and
- includes cover for use of the Camplify Caravan by a Hirer; and
- a public liability policy that provides cover for at least $10,000,000 per claim.
This can be done via one of 3 ways;
- The Owner finds an approved policy that covers the owner and hirer for all insurance outlined.
- The Owner provides a full comprehensive policy and adds the Camplify Top up Hiring Insurance policy via the management dashboard
- The Owner takes insures their Caravan via the Camplify Premium Membership
14.2 The Owner must also, at the Owner’s expense, take out and maintain during the currency of this Agreement statutory or compulsory insurance cover for claims involving personal injury or death and ensure that the Camplify Caravan is fully registered for use by a Hirer.
15.1 Unless expressly stated otherwise, all amounts specified in this Agreement are GST exclusive.
15.2 If GST is payable on a Taxable Supply made under, by reference to or in connection with this Agreement, the party providing the consideration for that Taxable Supply must also pay the amount of any GST payable in respect of that Taxable Supply as additional consideration. Clause does not apply to the extent that the consideration for the Taxable Supply is expressly agreed to be GST inclusive.
15.3 Any reference in the calculation of consideration or of any indemnity, reimbursement, or similar amount to a cost, expense or other liability incurred by a party, must exclude the amount of any Input Tax Credit entitlement of that party in relation to the relevant cost, expense or other liability.
16.1 Each party warrants that:
- it has the power and authority to enter into and perform its obligations under this Agreement and the execution of this Agreement by it has been duly and validly authorised by all necessary corporate action;
- its obligations under this Agreement are valid, binding and enforceable against it in accordance with their terms;
- this Agreement and its performance do not contravene its constituent documents or any law, or any of its obligations or undertakings by which it is bound, or cause a limitation on its powers of its corporate officers to be exceeded;
- it has the resources, skills, knowledge and abilities necessary to perform its obligations under this Agreement; and
- to its knowledge, no litigation, arbitration, mediation, conciliation or administrative proceeding is taking place, pending, or threatened, whose outcome is likely to have a material adverse effect on its ability to perform its obligations under this Agreement.
17 Confidential Information
17.1 Each party:
- except as permitted under clause 17, must keep confidential all Confidential Information of the other party;
- may use the Confidential Information of the other party solely for the purposes of this Agreement; and
- may disclose Confidential Information of the other party only:
- with the prior written approval of the other party;
- to officers, employees and consultants or advisers of the party or its Related Bodies Corporate (including but not limited to the party’s insurers, insurance brokers and bankers) who: (A) are aware and agree that the Confidential Information must be kept confidential; and (B) either have a need to know (and only to the extent that each has a need to know); or
- as required to be disclosed by law or any order of any court, tribunal, authority or regulatory body.
17.2 Each party must notify the other party immediately once it becomes aware of any breach of confidentiality and must take all reasonable steps necessary to prevent further unauthorised use or disclosure of the Confidential Information.
18.1 Subject to clause 3 and without limiting any other rights under this Agreement, a party may only terminate this Agreement with immediate effect by written notice to the other party if:
- the other party breaches any material term of this Agreement capable of remedy and fails to remedy the breach within 10 Business Days after receiving a notice requiring it to do so;
- the other party breaches any material term of this Agreement not capable of remedy in the terminating party’s reasonable opinion;
- the other party repeatedly breaches any term of this Agreement and, within 10 Business Days after receiving a notice requiring it to do so, fails to satisfy the terminating party that a breach of that term will not recur; or
- the other party is subject to any form of Insolvency Administration.
18.2 Termination of this Agreement will not affect any accrued rights or remedies a party may have as at the date of termination, unless explicitly stated otherwise in this Agreement.
18.3 Upon expiry or termination of this Agreement each party must immediately:
- deliver, return or otherwise facilitate the delivery or return of any Confidential Information and any other property owned by the other party in its possession;
- cease to use the Intellectual Property Rights of the other party; and
- cease to represent directly or indirectly that it is associated with the other party. 1
9 Dispute Resolution
19.1 A party must not commence any court proceedings (other than proceedings for urgent interlocutory relief) in respect of a Dispute until it has complied with this clause 19.
19.2 A party claiming that a Dispute has arisen must notify the other party in writing giving details of the Dispute.
19.3 Within the Initial Period each party must:
- nominate in writing a representative of that party authorised to settle the Dispute on its behalf; and
- use its best endeavours to resolve the Dispute.
19.4 If the parties are unable to resolve the Dispute within the Initial Period they must, within an additional 10 Business Days either: (a) appoint a mediator and agree the terms upon which the mediator is to mediate the Dispute; or (b) if the parties are unable to agree on a mediator or the terms of the mediation, refer the Dispute for mediation to a mediator nominated by the then current President of the Law Society of New South Wales upon the terms of the mediation agreement then approved by the Law Society of New South Wales, and the parties must thereafter mediate the Dispute.
19.5 Each party must bear its own costs of resolving the Dispute under this clause and, unless the parties otherwise agree, the parties must bear equally the costs of any mediator engaged for that purpose.
20.1 A Notice must be in writing and signed by or on behalf of the sender addressed to the recipient and:
- delivered by personal service;
- sent by pre-paid mail; or
- transmitted by Facsimile or email, to the recipient’s address set out in Schedule 3 to this Agreement.
21.1 Costs Each party must bear its own costs and expenses in respect of the negotiation, preparation and execution of this Agreement and any other document executed pursuant to this Agreement.
21.2 No assignment The rights and obligations of each party under this Agreement are personal and except as set out in this Agreement they may not be assigned, charged, encumbered or otherwise dealt with.
21.3 Variation A variation or modification of this Agreement must be in writing and signed by an authorised representative of all parties.
21.4 Severability If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
21.5 No waiver No waiver by a party of any breach of this Agreement will be considered as a waiver of any subsequent breach of the same or any other provisions.
21.6 Entire Agreement This Agreement constitutes the entire understanding between the parties about its subject matter and supersedes all previous representations, understandings and agreements in connection with that subject matter.
22 Governing Law and Jurisdiction
- This Agreement shall be construed in accordance with and shall be governed by the laws in force in the State of New South Wales.
- Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of New South Wales or the Commonwealth of Australia and any courts of appeal from these courts.