Terms and Conditions - Aussie Explorer Caravan Hire

Thank you for choosing Aussie Explorer Caravan Hire. We are very proud of our service and we are committed to providing the best possible experience for our customers. Your safety and security are our greatest concern, so it is important for you to carefully read all these terms and conditions.

These terms and conditions of this Hire Agreement do not exclude, restrict or modify the application of any provision, the exercise of any right, or the imposition of any liability under any statute (including Australian Consumer Law).

1. Interpretation

Unless a contrary intention appears: –

‘Owner’ means Aussie Explorer Caravan Hire, 11 Duke Street Toowong, in the State of Queensland, postcode
‘Hirer’ means the person nominated as the hirer and all persons named as designated drivers in the Hire Agreement;
‘Rental Period’ means the hire period or agreed variation thereof and any additional period during which the caravan is in the Hirer’s possession or control;
‘Caravan’ or ‘Vehicle’ means the hired caravan and all its contents, fixtures and fittings and any additional equipment/accessories included in the hire The terms ‘Caravan ‘and ‘Vehicle’ are interchangeable;
The singular includes the plural and vice versa;
A reference to a party includes a reference to that party’s executors, administrators and
The words importing natural persons include partnerships, or corporations;
An agreement, representation or warranty made by two or more persons binds them jointly and

2. Age, License Restrictions and Insurance

Each Hirer and each driver of the vehicle towing the Caravan, must be 30 years of age and under 75 years of age as at the date of the hire agreement;
All drivers must produce a current Australian driver’s licence (or international equivalent) held for at least 12 months, photo id and identifying the driver’s residential address, which must remain valid throughout the full period of the hire. A learner’s, provisional or restricted licence will not be accepted;
At the time of signing the hire agreement, the Hirer must produce to the owner two (2) forms of identification documents, one of which is to include a photograph and current residential address with respect to each person nominated as a designated driver. The Owner is authorised to take and retain copies of the identification documents;
Prior to the commencement of hire the Hirer must produce to the Owner such documentation as is necessary to satisfy the Owner that the Hirer has current vehicle registration and comprehensive insurance for the towing vehicle. The Owner is authorised to take and retain copies of the registration and insurance documents.

3. Hire Period

A minimum hire period of 14 days is applicable during Queensland and New South Wales school holiday periods, and 21-day minimum for the period from 1 June to 31 July unless otherwise agreed to, in writing, by the Owner;
A minimum hire period of 5 days applies at all other times unless otherwise agreed to, in writing, by the Owner;
Rental days are calculated on a calendar day basis. The day of pickup is counted as day one of the rental, regardless of pick-up time. The day the Caravan is returned is counted as the final day of the rental regardless of drop-off time. We are open Monday to Friday during business hours and closed on Saturday and Sunday and Public Holidays. Exceptions may be negotiated, depending on availability and if agreed in writing by the owner.

4. Terms of Payment

A deposit of 30% of the total hire is payable at time of booking.
Full payment for the total hire period is required a minimum of 30 days prior to the commencement of the hire. Any booking made within 30 days of the hire must be accompanied by a full payment;
A security bond of $3,000.00 is payable 7 days prior to departure (excess risk covering damage excess, tyre and window damage, awning damage, cleaning and other out of pocket costs); In addition, if the damage and out of pocket expenses exceed the security bond, The Owner reserves the right to charge insurances excesses in addition to the security bond.
The security bond is fully refundable within 7 days of completion of hire provided the Caravan is returned on time and undamaged and in a clean and tidy condition;
The Owner may in addition to its other rights deduct from the security bond any late return fees payable by the Hirer to the Owner, Cleaning fees and any loss suffered by the owner as a consequence of damage or loss concerning the Caravan;
The Owner reserves the right to cancel the hire agreement at any given time should the Terms of Payment be contravened. The Cancellation Terms will apply and any deposit paid will be retained;
Merchant Fees of 1.75% will be added total hire amount if paying via credit or debit cards
All prices are inclusive of GST.

5. Cancellation Terms

Cancelling the booking over 90 days prior to pick up – An administration fee for the cost of any merchant fees will apply to the cancellation of all bookings.
Cancelling the booking over and including 45 days prior to pick up – 50% of gross rental fee.
Cancelling the booking up to 30 days prior to pick up – 100% of gross rental fee.
Cancelling due to Natural disasters and/or Government mandated requirements (travel restrictions, border closures) – the Owner will seek to reschedule the booking. If this cannot be accommodated, then a full refund less an administration fee (inclusive of any merchant fees) of $100 will apply.
All prices are inclusive of GST.

6. Collection and Return of the Caravan

The Hirer shall collect the Caravan at the time and place specifically agreed with the Owner in writing.
The Hirer shall only return the Caravan by the time and at the place specifically agreed with the Owner in writing.
In the event the Hirer fails to return the Caravan by the time and at the place specifically agreed with the Owner in writing the Hirer shall pay to the owner all loss suffered by the Owner as a consequence of the delay. Such loss may include the loss of subsequent bookings as a result of the delay.
In the event the Hirer fails to return the Caravan by the time and at the place specifically agreed with the Owner in writing, then the minimum late hire charge shall be $500 per 24-hour period or part thereof, calculated from the time due for return to the time of the actual return of the Caravan;
Any request for additional days is at the discretion of the Owner and will rely entirely upon future demand and availability;
No refunds will apply for early termination by the Hirer of the hire agreement;
One-way hire is not available. For any Caravan not returned to the place specifically agreed with the Owner in writing, and needing retrieval, the Hirer will be charged $200 per hour for the travel of a vehicle and replacement driver each way plus the Daily Hire Rate for each additional day required to return the caravan to the place of hire.

7. Travel Restrictions

The Caravan, in addition to sealed roads and with owner approval of your requested travel route submitted in writing, may be used on gazetted unsealed roads and tracks;
The Caravan must not be towed in tidal areas 2 hours either side of high tide;
The Caravan must not be towed on the beach, at all, if there is insufficient beach area to tow the Caravan safely, and avoid salt water coming in contact with the Caravan;
The Caravan must not be subjected to salt water at any time;
The Caravan must not be immersed in fresh water exceeding a fording depth equal to 70cm;
The Caravan must not be taken across swollen creeks or rivers, or any area subjected to flood;
The Caravan must not be taken under low level crossings that are lower than Owner’s stipulated caravan height;
Should the Hirer not adhere to the stipulated travel restrictions, the Owner retains the right to charge the Hirer with all reasonable costs relating to damages and recovery costs of the Caravan/or vehicle as well as the right to retain the Security Bond in full and any insurance excesses applicable, for breach of the hire agreement;
The Hirer acknowledges that fleet management systems, electronic or otherwise may be used to confirm the Caravan’s location and/or travel route at any time during the hire period, and without notice to the hiree.

8. Pets

Pets are not permitted, at any time, in or around the Caravan and awnings/annexes.

9. Smoking and Campfires

NO SMOKING is permitted in the Caravan or under awnings/annexes;
Please keep campfires a reasonable distance away from the caravan. Smoke smell in the caravan from campfires could result in a charge against the Security

10.Obligations

The Caravan must be towed, set-up, operated and used in a cautious and prudent manner in accordance with the operating instructions supplied at time of hire, and in conditions which are suitable for the towing, set-up, operation or use of the Caravan;
The Hirer’s towing vehicle must have the required braking mechanisms required to operate the Caravan;
The towing vehicle must at all times when towing, comply with towing capacity specifications and all regulations and laws relating to the driving of vehicles and towing including the compliance with drug and alcohol laws;
The Hirer must comply with all laws relating to and ensuring that all indicator, brake, reverse and other lighting are operational.
If the Caravan becomes unsafe it is not to be towed any further, and the fault is to be immediately reported to the owner;
The Hirer must not sublease or otherwise lend or part with possession of the Caravan.
The Hirer must pay for all legal infringements, fines, penalties and tolls incurred during the hire period and if required reimburse the Owner for any expenditure paid, or liability incurred by the Owner in this regard.
The Hirer must keep the Caravan and D035 Hitch locked and secured at all times when it is not attended;
No article is to be tied to or carried external to the Caravan or spare tyre other than in the supplied and fitted carry devices and then only items for which the carrying device is designed to carry (eg bikes on the bike rack and jerry cans in the jerry can holder). Loose items are not to be transported in the rear wood rack;
No alterations are to be affected to the Caravan and no item is to be removed from it;
The Caravan must be returned in the condition as at the commencement of the hire;
The Hirer must comply with any reasonable instructions issued by the owner and with any notice or specification attached to the Caravan. If the Hirer does not comply with a reasonable instruction from the Owner, the Owner may, in its absolute discretion, consider this failure to comply as a fundamental breach of the hire agreement;
No gas or liquid fuel heaters are to be carried in or used in the Caravan;
The Hirer must not carry on or in the Caravan any volatile liquids, gases, explosives or other corrosive, dangerous, combustible or inflammable material except with its design capacities.
The Hirer must not use the Caravan for any illegal purpose;
The Hirer must not allow more than the maximum number of people (Adults and children) as specified in the booking request to operate use or occupy the Caravan;
The Hirer must ensure that any person towing, occupying, using or operating the Caravan complies with all of the provisions of this clause;
The Caravan must not be towed whilst passengers are riding in or on the Caravan.
The internal dinette table must be dropped down for all travel and must not be stood, jumped on or sat on.
The Hirer agrees to carry out all frying and roasting cooking on the outdoor kitchen and Weber BBQ to protect internal caravan from grease and food odours.
The Hirer agrees to use cutting boards for all food preparation to ensure the benches, dinette table and stainless steel is not damaged.

11. Cleaning

The Caravan is to be returned in a clean and tidy condition, both inside and out. This includes all tyres, tools, Weber BBQ and accessories, Indoor Kitchen- Fridge/Freezer, Stove, Grill and Oven and accessories, Outdoor Kitchen and accessories, Outdoor Slide-Out Fridge/Freezer, Kitchen utensils and all other equipment supplied with the Caravan;
Should the Caravan not be cleaned to a satisfactory condition, a cleaning fee will be deducted for $50.00 per hour with a maximum charge of $400, plus any listed charges at the time of booking for emptying and cleaning Chem Toilet, Outback/Red Dirt/Sand or Beach Clean as required;
NO SOLVENTS OR CHEMICALS, severe scrubbing or high-pressure hoses are to be used inside or on the outside of the Caravan. Light detergent solutions only. Should you be unsure if a cleaning solution is suitable, do not use. Contact the owner for advice;
No abrasive cleaners, abrasive cloths or abrasive sponges are to be used on any of the finishes to the Caravan, or equipment supplied.

12. Accidents and Breakdowns

The Hirer must immediately report to the Police and the owner any accident involving the Caravan, malicious damage caused to it or theft of it or any component of it;
The Hirer must immediately report to the owner any event involving damage or loss to the Caravan or any part of it. Failure to do so may be putting the hirer at risk of injury, thus damaged must be assessed by owner/manufacturer. In addition, a subsequent hire may need to be cancelled as a result of the delay and a minimum of $900 will be retained from your Security Bond to cover any losses;
In the event of an accident involving another vehicle the Hirer must obtain the registration, make, model and take photos for evidence;
colour of the other vehicle and the name, address and driver’s licence details of the other driver involved in the accident, as well as the name and address of any witnesses, and provide those details to the Police and the Owner. In addition, the Hirer must provide the Owner with the Police Officer’s name and station where the accident is reported and police report reference number;
The Owner must be advised in the event of a breakdown as soon as possible. It is the hirer’s responsibility to make sure that the Caravan is secure at all times. The Owner shall not be liable for expenditure, inconvenience, loss or damage incurred by the hirer in the event of an accident.

13. Personal Items

The Owner takes no responsibility for the hirer’s personal effects.
The Owner’s insurance policy does not provide cover for the Hirer’s personal effects and it is recommended that the hirer insure their own personal effects e.g.: IPods, Phones, Cameras, Videos etc with Travel Insurance and/or Contents Insurance chosen by the Hirer.

14. Indemnity and Loss

1 The Hirer shall indemnify and keep indemnified the Owner from and against all claims, loss, damages and expenses whatsoever, incurred directly or indirectly by reason of any breach of the hire agreement, negligence, malicious or tortious act or other wrongdoing by the Hirer or a person occupying using or operating the Caravan and without limiting the foregoing, the Hirer shall indemnify the Owner for:
- all damage to or loss of the Caravan howsoever arising to the extent to which the same is not recoverable under any policy or insurance or on account of any act or omission or breach of the hire agreement by the hirer or any act or omission of a person operating using or occupying the Caravan except to the extent caused or contributed by the owner;
- injury to or death of any person and damage to any property and all claims, damages, losses and expenses howsoever arising from or incidental to the possession, use, operation or towing of the Caravan except to the extent caused or contributed by the owner;
- the cost of rectifying all tyre damage not attributable to fair wear and tear;
- overhead damage or under body damage to the Caravan;
- water damage to the Caravan; and
- replacing any accessory not attributable to fair wear and tear

15.Termination and Severance

The Owner may in addition to its other rights immediately terminate the hire agreement for any breach by the Hirer of any provision expressly provided for in the hire agreement or implied by law;
In the event of termination of the hire agreement the Owner shall immediately be entitled to retake possession of the Caravan;
If any term of the hire agreement is or becomes legally ineffective, illegal or invalid it will be severed and the effectiveness, validity or enforceability of the remainder will not be affected;
If, for any reason beyond the control of the Owner (including without limitation as a result of fire, flood, blackout, theft, sabotage or equipment breakdown), the Owner cannot complete its obligations under the hire agreement, the Owner shall be entitled to delay performance of, or terminate the hire agreement at its absolute discretion. The Hirer will receive a full refund but shall not make any claim for loss or damages in respect of such delay or fault of the Owner.

16.Hire Agreement

The Hirer by signing the hire agreement confirms and agrees that he/she has read the above terms and conditions and understands and agrees fully with these terms and conditions;
The Hirer agrees that he/she is fully aware and will follow the correct procedures for using the Caravan and the equipment supplied and that the Caravan is in good working condition upon commencement of the hire period as per the Departure Condition Report;
The Hirer agrees that the Caravan will be used solely for its intended recreational

Aussie Explorer Caravan Hire (Owner/Manager)

Printed Name:

Date:

Contact No.

Hirer

Printed Name:

Date:

Contact No.

STIPULATED CARAVAN HEIGHT:

Designated Driver (1) Name:

Drivers License No:

Drivers Licence Expiry Date:

Designated Driver (2) Name: