INTERPRETING YOUR RENTAL AGREEMENT

Transcription

1 INTERPRETING YOUR RENTAL AGREEMENT The Rental Agreement ( Rental Agreement ) between Envy Campers and You is made on the date shown on the Rental Document You have signed in respect of the Vehicle ( Rental Document ), and is made up of that Rental Document and these Terms and Conditions. In these Terms and Conditions: Authorised Driver / Joint Renter means: an additional driver who is noted on the Rental Agreement as an Authorised Driver or Joint Renter. Envy Campers means Envy Campers Pty Ltd ABN Rental Period means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Envy Campers; Substitute Vehicle Insurance means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while You or the Authorised Driver use the Vehicle as a substitute for the vehicle insured under that policy; Vehicle means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, accessories and contents supplied by Envy Campers; You or Your refers to the person(s) with whom the Rental Agreement is made. Your Consumer Rights means Your rights as a consumer under applicable consumer protection legislation, including the Trade Practices Act 1974 (Cth), which cannot be excluded, restricted or modified by this Rental Agreement. DRIVER 1 You agree and acknowledge that: (a) only You or an Authorised Driver will drive the Vehicle; and (b) You and any Authorised Driver are currently licensed to drive the Vehicle and have been so licensed to drive for a period of 12 months or longer (excluding any time under a learner s permit or a provisional licence); and (c) You and the Authorised Driver are not under 21 years age; and (d) You and the Authorised Driver have not had Your driver s licence cancelled, endorsed or suspended within the last three years. (e) Drivers over 75 years will require a medical (no more than 30 days old) showing they are fit to

2 drive the requested vehicle. (f) The hirer must have a valid credit card. The hirer is responsible for all additional charges relating to the hire of the vehicle, including but not limited to parking, traffic infringements, vehicle damage, puncture repair, petrol / diesel and cleaning. (g) It is the hirer s responsibility to ensure he/she is compliant of the Australian road rules and regulations. HIRE PERIOD (a) The vehicle hire period is calculated on calendar days, regardless of pick up and drop off times. The day of collection will be counted as day 1 and the drop off day as the final day regardless of drop off time. (b)late pickups or early drop off of the vehicle will not entitle the hirer to any refund. VEHICLE CONDITION The hirer acknowledges that the vehicle received was clean and in good working order. Damage to the vehicle (dents, scratches etc) need to be reported to Envy Campers and noted on the Vehicle Inspection Sheet prior to departing with the vehicle. Failure to do so will result in the hirer being liable for any damages to the vehicle. Vehicles are to be returned in a clean and unaltered condition. Vehicles not cleaned will incur a $150 cleaning fee. Vehicles to be returned with a full tank of fuel, a $20 fee plus amount due for fuel will be charged to the hirer if the vehicle is not returned full. Each vehicle contains a full list of inventory. Losses and breakages will be charged to the hirer. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE 2.1 You and any Authorised Driver must only use the Vehicle on a road, which is properly formed and constructed as a sealed, metalled or graded gravel road. 2.2 You and any Authorised Driver must not, unless authorised in writing by Envy Campers, drive or take the Vehicle: (a) to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton Island; (b) into or out of the Northern Territory, Tasmania or to any points in Western Australia north of Carnarvon; (c) in Queensland: (i) beyond Chillagoe in a westerly direction. (ii) beyond Normanton in a southerly direction. (iii) if the Vehicle is a passenger vehicle or truck, beyond Cape Tribulation or Laura in a northerly direction. (iv) if the Vehicle has four wheel drive, beyond Cooktown or Laura in a northerly direction. (d) above the snow line in Tasmania, New South Wales and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September; (e) in the Northern Territory and Western Australia, outside any city limits between dusk and dawn; or (f) on beaches or through streams, rivers, creeks, dams or floodwaters.

3 USE OF THE VEHICLE 3.1 You and any Authorised Driver must: (a) not allow the Vehicle to be used for any illegal purpose, race, contest or performance test of any kind; (b) not allow the Vehicle to be used to tow or push anything; (c) not carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or carry a greater load than that for which it was built; (d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven; (e) not allow the Vehicle to be used to carry passengers for payment or reward of any kind; (f) not use the Vehicle when it is damaged or unsafe; (g) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at Your cost) and in accordance with the Vehicle manufacturer s and Envy Campers recommendations; (h) not use the Vehicle for the conveyance or towing of any load which is incorrectly loaded or secured or is in excess of that for which the Vehicle was constructed; (i) not submerge the vehicle, drive through creeks and crossings, drive through salt water, drive through flooded areas or drive through restricted travel areas as detailed above. (j) not, without Envy Campers prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8?C or any other explosive or corrosive substances; and (k) not use the Vehicle in contravention of any law. 3.2 You must pay for any unauthorised repairs to the Vehicle and for all parking and traffic infringements in respect of the Vehicle during the Rental Period. 3.3 You and any Authorised Driver must not carry any animal or pet in the Vehicle. 3.4 You and any Authorised Driver or any passenger must not smoke in the Vehicle. 3.5 You and any Authorised Driver must not drive the Vehicle if Envy Campers have so directed You and any Authorised Driver. MAINTENANCE, SECURITY AND SAFETY 4.1 You and any Authorised Driver must: (a) maintain all of the Vehicle s engine oils and engine coolant levels to the manufacturer s specifications, as set out in the Vehicle s operations manual located in the glove box; (b) keep the Vehicle locked and the keys under Your or the Authorised Driver s personal control at all times; and (c) comply with any applicable seat belt and child restraint laws. 4.2 You must not have repairs to the Vehicle carried out unless Envy Campers authorises You to do so. Envy Campers requires verification of the cost of repairs for audit and GST purposes. You should obtain an original tax invoice/receipt to assist Envy Campers. Envy Campers will reimburse You for any repairs to the vehicle authorised by it, provided that the cost of those repairs is verified. To the extent that Envy Campers cannot verify the cost of repairs, Envy Campers will not reimburse You. 4.3 Envy Campers is not responsible and will not reimburse for costs related to: (a) Locking keys in the vehicle. (b) Lost / stolen vehicle keys. (c) Running out of fuel.

4 (d) Changing tyres due to a puncture (the puncture needs to be repaired prior to returning the vehicle). (e) Flat battery. 4.4 The hirer is responsible for the following costs regardless of the level of insurance taken out: (b) Recovery of a vehicle that has become bogged, submerged, stuck, or abandoned. (d) Towing and vehicle recovery from a restricted area. (e) Damage to the vehicle due to the use of snow chains. LOSS DAMAGE WAIVER, DAMAGE AND LOSS OF PROPERTY 5.1 Subject to this clause 5,You are liable: (a) for the loss of, and all damage to, the Vehicle; and (b) for all damage to the property of any person: (i) which is caused or contributed to by You or an Authorised Driver; or (ii) which arises from the use of the Vehicle by You or an Authorised Driver. This clause 5 does not apply to any damage or loss for which Envy Campers is liable to You under this Rental Agreement. Remember that references to the Vehicle include all of its parts, components, accessories and contents (see the definition of Vehicle in clause 1). 5.2 Subject to clause 5.3, if: (a) You pay the excess shown on the Rental Document for each separate event involving damage to or loss of, the Vehicle or for each separate event involving damage to the property of any third party which is caused by the use of the Vehicle by You or an Authorised Driver, Envy Campers: (b) waives Your liability under clause 5.1 for damage to the Vehicle or loss of the Vehicle; and (c) that You and any Authorised Driver are entitled to be indemnified under a policy of motor vehicle insurance provided by a registered insurer for Your and an Authorised Driver s legal liability to a third party for damage to the property of that third party which is caused by the use of the Vehicle by You or an Authorised Driver. 5.3 You must always pay, and clause 5.2 does not cover: (a) the excess shown on the Rental Document if there is damage to or loss of the Vehicle or if there is damage to the property of any third party; (b) the cost of rectifying any tyre damage not attributable to normal wear and tear; (c) the cost of repairing any damage caused deliberately or recklessly by: (i) You; (ii) any other driver of the Vehicle; or (iii) any passenger carried during the Rental Period. (d) the cost of repairing any damage to the Vehicle or to third party property caused by You using, or permitting the vehicle to be used, in any area prohibited by the Rental Agreement; (e) the cost of repairing overhead or roof damage caused by, but not limited to, contact between the Vehicle and objects overhanging or obstructing the path of the Vehicle; or (f) the cost of repairing any water damage to the Vehicle or any underbody damage, and any resulting damage from that underbody damage, to the Vehicle. 5.4 For the purposes of this clause 5, the amount You must pay for any damage or repair that may be reasonably determined by Envy Campers and includes: (a) the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the loss or damage, whichever is the lesser; (b) appraisal fees; (c) towing, storage and recovery costs; (d) a reasonable administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities; and

5 (e) a per day loss of use fee based on the estimated downtime of the Vehicle. If the amount determined by Envy Campers and paid by You under this clause 5.4 exceeds the final cost of the damage or repair, Envy Campers will refund the difference to You. RETURN OF VEHICLE 6.1 You must return the Vehicle to Envy Campers: (a) to the place, on the date and by the time shown on the Rental Document; (b) in the same condition as it was at the commencement of the Rental Period, fair wear and tear excepted. 6.2 You must return the Vehicle to an Envy Campers location during normal business hours. If You return the vehicle later than the time shown on the rental document, You must pay a $150 dollar fee per day in addition to the daily rate. 6.3 If: (a) You return the Vehicle on a date, or at a time, or to a place other than that shown on the Rental Document; or (b) any special conditions set out in the Rates section on the Rental Document are breached, the rates shown on the Rental Document will not apply and You must pay the Envy Campers standard rate for the Vehicle for the Rental Period. 6.4 Envy Campers may request the immediate return of the Vehicle, or Envy Campers may re-take the Vehicle without notice, if Envy Campers reasonably suspects that: (a) You have breached a term or condition of the Rental Agreement; (b) damage to the Vehicle, or injury to persons or property is likely to occur; or (c) the Vehicle will be involved in an industrial dispute; and (d) the Vehicle may be used for an unlawful purpose; You must also pay Envy Campers any cost it incurs as well as all costs and charges under the Rental Agreement for the period up to return/repossession of the Vehicle. 6.5 Envy Campers reserve the right to refuse hire of another vehicle to You following any incident or accident or where You have breached a condition of this Rental Agreement. RENTAL EXTENSION If the customer wishes to extend the rental whilst on hire, they must first obtain authorisation from Envy Campers. The extension will be subject to availability. The extra cost of an extension will be paid by credit card or over the counter at an Envy Campers branch on confirmation of an extension. All extensions need to be confirmed 24 hours prior to drop off date. Failure to obtain authorisation will result in a penalty of $150 per day in addition to the daily rental rate until the vehicle is returned. The daily rate of the extension will be that of the current daily rate and may differ from the original booked daily rate. VEHICLE DROP OFF AND COLLECTIONS Drop off and collection times are between 9:00 am 2:00 pm 7 days a week (Closed Christmas day 25 December). Prior arrangement needs to be made for drop off and collections outside of these hours (An after hours fee may be charged at the discretion of Envy Campers).

6 Vehicles not collected by 2:00 pm on collection day will be deemed as cancelled and no refund due (unless prior arrangement has been made). Vehicles not returned by the agreed time on drop off date will be reported to police as stolen. The hirer will be charged a late penalty of $150 per day in addition to the daily rental rate and insurance charges until the vehicle is returned. Vehicles are to be returned to the agreed return location. Vehicles not returned to agreed location will incur a $1,250 charge CLAIMS AND PROCEEDINGS 7.0 Where the use of the Vehicle by You, an Authorised Driver, or any other person results in an accident or claim, or where damage or loss is sustained to the Vehicle or any third party property, You and/or any Authorised Driver must: (a) promptly report such incident to the local police; (b) promptly report such incident in writing to Envy Campers; (c) not, without Envy Campers s written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability; (d) permit Envy Campers or its insurer at its own cost to bring, defend, enforce or settle any legal proceedings against a third party in Your name; (e) permit or ensure that Envy Campers may claim in Your name or that of the Authorised Driver under any applicable Substitute Vehicle Insurance, and assist, and cause the Authorised Driver to assist, Envy Campers in making such a claim, including assigning any right to claim under any Substitute Vehicle Insurance to Envy Campers; (f) complete and furnish to Envy Campers within a reasonable time any statement, information or assistance which Envy Campers or its insurer may reasonably require, including attending at a lawyer s office and at Court to give evidence. 7.1 The hirer will be required to pay the liability (according to the insurance selected) and any other amounts due. The excess amount will be pre-authorized on the hirer s credit card prior to rental. The excess is applicable regardless of who is at fault. The excess will be refunded once Envy Campers has recovered third party costs. The excess will be payable at the time of accident regardless of cover. (a) A processing fee of $75 will be charged to all accidents and incidents (including traffic infringements). (b) The hirer will be required to pay the daily rental rate for the duration the vehicle is off fleet due to accident repairs. 7.2 An exchange vehicle is not guaranteed, subject to availability and hirer location. If an exchange vehicle is required due to an accident, the hirer will need make his / her way to the closest branch for vehicle pick up (this is at the hirers expense). If the vehicle is to be delivered to the hirer s location a delivery fee will be charged. 7.3 If no exchange vehicle is available Envy Campers is not responsible for accommodation and living expense incurred as a result. INSURANCE Envy Campers provides a standard liability excess for any damage to vehicles of $2, for drivers years of age and $2, for drivers over 24 years of age. However, we strongly

7 recommend that you take out one of our liability reduction options. Either: (a) Chill out cover: for $25.00 daily your liability will be $0.00, including full cover for all overhead, under body, and tyre damage. Chill Out cover does not cover you for vehicle water submerging and windscreens. (b) In between cover: for $15.00 daily your liability will be limited to $1, When collecting your Envy camper you must present a vaild drivers licence (local or international) and credit card. Please not that the liability level you have chosen is authorised on your credit card. This means that up to $2, will be frozen on your credit card until you return your undamaged van to the drop off location at the end of the hire period. If the hirer is going to be using there Envy Camper for beach driving a bond 2, for year olds and 2, for 25yrs or older will be taken on vehicle pick-up. No insurance cover can be taken for the duration of the rental. PAYMENT 8.1 At the end of the Rental Period, You must pay Envy Campers on demand: (a) all charges specified on the Rental Document and all charges payable under the Rental Agreement; (b) any amount paid or payable by Envy Campers or You to any person arising out of Your use of the Vehicle or imposed on You or Envy Campers by any governmental or other competent authority (such as speeding, parking and traffic fines); and (c) any amount for which You are liable to Envy Campers under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. 8.2 The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to: (a) one day s rental at the daily rate shown on the Rental Document (subject to clause 6.4); plus 8.3 You authorise Envy Campers to charge all moneys payable to Envy Campers under the Rental Agreement to Your credit card or charge account. 8.4 Envy Campers will pay any refund due to You by such method as Envy Campers may reasonably choose. LIABILITY OF ENVY CAMPERS 9.1 Unless it is negligent, Envy Campers is not liable to any person, and You indemnify Envy Campers, for any loss of, or damage to, any property: (a) stolen from the Vehicle or otherwise lost during the rental; or (b) left in the Vehicle after its return to Envy Campers. 9.2 Neither clause 9.1 nor any other provision of the Rental Agreement is intended to exclude, restrict or modify any non-excludable terms implied by or rights which You may have under the Trade Practices Act 1974 (Cth) ( the TPA ) or any other State or Territory legislation to the same effect. 9.3 If Your Rental Agreement is a contract for the supply of recreational services as defined by section 68B of the TPA or any comparable legislation, Envy Campers has no liability to You or an Authorised Driver for death or personal injury arising in connection with any breach by Envy Campers of any term implied by section 74 of the TPA or any comparable legislation.

8 TERMINATION 10.1 Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement You may terminate the Rental Agreement at any time for any other reason If the Rental Agreement is terminated early for any reason other than a breach by Envy Campers, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher than those that apply for a longer rental period.