Terms and Conditions of hire
Updated March, 2019
1. This is an agreement between the Hirer (you) and Unplug Rentals (the Company, we) to rent the caravan or camper trailer described in ‘Caravan/Trailer Details’ including all accessories, tools, tyres, and equipment.
2. The Hirer agrees that all the details listed in this hire agreement are correct.
3. The Hirer acknowledges reading and understanding the guidelines of use for the Trailer, which form part of this rental agreement.
4. Persons who must not tow the Trailer:
(a) A person who is not identified in item 2 or has not been identified in writing to the Company or approved by the Company in writing.
(b) A person who doesn’t hold a full drivers license valid in Western Australia. For the avoidance of doubt, a learners or provisional license is not a full license.
(c) A person who holds an international drivers license in a language other than English.
(d) A person who is not licensed for that class of vehicle.
(e) A person whose blood alcohol concentration exceeds the legal limit.
(f) A person who has given or for whom you have given a false name, age, address or drivers license.
(g) A person whose license has been cancelled, endorsed or suspended within the last three years.
(h) A person who has held a drivers license for less than 2 years.
(i) A person under the age of 25.
(j) A person without any previous towing experience.
5. The Hirer will return the Trailer on the due date and at the time specified, cleaned inside and out and in a similar condition to when hired (fair wear and tear excluded).
6. We charge a cleaning fee listed in ‘Hire Rates’ to thoroughly clean the Trailer on return and wash all linen and towels.
7. If in the opinion of the Company the Trailer and equipment are returned excessively dirty or with heavily soiled canvas we reserve the right to charge an additional cleaning fee of $250. An additional cleaning fee of up to $500 is chargeable in case of the Hirer smoking in the Trailer or attached annex, if the Trailer was subjected to campfire smoke and/or if fish or bait was stored in the fridge or freezer.
8. Additional items shall be returned in clean condition as received. The Company will charge additional cleaning fees of $100 for chemical toilets not returned empty and clean. We will charge a cleaning fee of $50 for a BBQ which is not returned clean.
9. The Hirer agrees to pay all charges listed in ‘Hire Rates’ prior to collection of the Trailer and any additional charges upon the Trailers return.
10. The Hirer authorises the Company to debit the credit card listed in ‘Hirer’s Details’, all charges for additional days hire, cleaning and repair of the Trailer and replacement of any items not returned and not repairable and all costs of retrieving the trailer should the Hirer fail to return it.
11. The basic excess on all Trailers is $3000. This excess will increase to $4000 if the Hirer wants to take the Trailer off-road. If the Hirer chooses to have the Company deliver, set up and pack down the Trailer, the excess reduces to $2000. The Company does not offer options to reduce those amounts. We strongly suggest that the Hirer looks into obtaining travel insurance to cover the excess.
12. Any problems, structural damage, mechanical issues or malfunctions must be reported immediately before any repairs can be authorised. Security deposits/bonds will not be returned where structural damage exceeds $2000, $3000 or $4000 respectively.
13. It is the responsibility of the Hirer to ensure that the vehicle’s tow specifications comply with the aggregate trailer mass (ATM) or gross trailer mass (GTM) and tow ball weight of the Trailer and that the gross combination vehicle mass (GCVM) does not exceed the tow vehicle’s manufacturer specifications.
14. It is the responsibility of the Hirer that the Trailers lighting is operating properly and that the appropriate 7-pin vehicle plug is fitted prior to pick up.
15. The Hirer ensures that the tow vehicle has an electric brake controller and that the tow vehicle is under comprehensive insurance cover.
16. If for any reason the Hirer is unable to return the Trailer on the due date, the Hirer will notify the Company before that date and will pay all additional hire charges at the applicable daily rate and agrees to pay possible cancellation/compensation charges as the Company will see fit if future bookings are impacted.
17. The Hirer will at all times use the Trailer in accordance with any manufacturers instructions and instructions provided by the Company.
18. The Hirer will not alter, modify or interfere with the Trailer or any accessories thereon and will only use the Trailer in a responsible and prudent manner.
19. The Hirer will not overload the Trailer or exceed its load capacity or the gross combination vehicle mass (GCVM).
20. The Hirer must not take the Trailer off-road without prior consent of the Company. The Hirer shall disclose all off-road travel plans with the Company prior to signing the rental agreement.
21. Off-road towing is prohibited if the Hirer fails do proof previous off-road towing experience.
22. The Hirer must not tow the Trailer on non gazetted roads or tracks solely designated for off-road without prior consent of the Company.
23. The Hirer must not tow the Trailer into the following areas: Any beaches or islands where exposure to salt water is likely; other locations (like estuaries) where contact with salt water is likely.
Any areas where the Trailer will be immersed in salt water, fresh water or muddy water, where the immersion level will exceed the height of the wheel bearing caps, or on overgrown, narrow tracks, which may cause damage to side panels. Damages resulting from failure to comply with the above restrictions will be the responsibility of the Hirer.
24. The Hirer agrees to a GPS/satellite tracking device fitted to the Trailer to help the Company accurately determine the distance travelled to maintain accurate servicing intervals of the Trailer as well as help locate the Trailer in case of theft.
25. Any and all traffic infringements, parking fines, legal costs incurred during the rental period are at the hirers expense.
26. Costs of tyre repair or replacement are the responsibility of the Hirer and replacement tyres must be of equivalent standard to original. The hirer must notify the Company of any tyre replacement.
27. The Hirer will promptly report any loss or damage to the trailer or loss involving the trailer while rented under this agreement to the Company and will deliver to the Company immediately, every summons, complaint or paper in relation to such loss. Compliance with this paragraph does not excuse the Hirer from reporting all incidents to police or other proper authorities.
28. In case of delivery, set up and pack down service provided through the Company, the hirer must not move or tow the Trailer without prior consent of the Company.
29. The Hirer agrees to comply with all rules and regulations of any place the Hirer chooses to set up at the Trailer including but not limited to caravan parks, national parks, designated camping areas free or paid, etc.
30. The Hirer is solely responsible to pay any fees or obtain any permits associated with setting up the Trailer in such areas.
31. The Hirer acknowledges and agrees to the Company’s cancellation policy:
(a) The Hirer must advice the Company in writing about their cancellation. Email is acceptable. It will take effect from the day it is received by the Company.
(b) In case of a cancellation by the hirer – for a 50% refund of rental fees, cancellation must be made fourteen full days prior commencement of the booking.
(c) If the Hirer cancels less than fourteen full days in advance, 25% of the rental fees will be refunded.
If the cancellation is less than 7 full days in advance, no rental fees will be refunded to the hirer.
(d) Cleaning fees will always be refunded in full, if the booking has not commenced yet.
(e) No fees are being refunded if the Hirer decides to return the Trailer early.
(f) The Company reserves the right to cancel a hire for reasons which are outside of the Company’s control including but not limited to evacuations due to severe weather events (cyclone, flooding, bush fire, etc.) or damage to the Trailer from the previous hire which can not be fixed in time and will severely impact the Hirer. In case of a cancellation by the Company, all fees paid will be refunded to the Hirer. The refund is limited to the total amount of rental fees paid and the Company will not accept liability for any other charges or fees the Hirer incurred in association with the booking (e.g. flight tickets, transfers, accommodation charges, etc.)
32. The Hirer acknowledges and agrees:
That he uses and operates the Trailer at his own risk;
(g) That the Company will not be liable for any loss or damage caused to the property or injury of the Hirer or any third party resulting from the use of the Trailer;
(h) To the full extent permitted by the law to releases, discharges and indemnifies the Company from all claims and demands on the Company arising out of or consequent on the use or misuse of the Trailer during the period of hire.
(i) No cause of action shall arise in favor of the Hirer, nor demand made by the Hirer, for loss of use against the Company should the Trailer by any cause whatsoever become unusable during the period of hire.
(j) Not to to sub-lease or lend the Trailer to any other persons. The Trailer remains the property of the Company at all times.
33. No right of the Company under this agreement may be waived except in writing by an officer of the Company.
34. The terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The terms shall be binding to the benefit of the parties hereto and their successors and assigns.
35. If any part of these terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the terms shall remain in force.