Terms & Conditions of Hire

 

This is an Agreement between the hirer and Coast N’ Country Camper Trailer Hire to hire the trailer.

 

  1. Interpretation
    1. Claims means any actual, contingent, present or future claim, demand, action, suit or proceeding for any liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.
    2. Coast N’ Country Camper Trailer Hire means Kamilla Grace Crowther trading as Coast N’ Country Camper Trailer Hire (and in these terms and conditions referred to as “us”, “our” or “we’).
    3. Hire period means the duration you hire the trailer from us commencing at 2.00pm on the date of commencement (or such earlier time on the date of commencement we may agree to give you possession of the trailer) and ending at 10.00am on the final day of the agreed duration (as may be extended under clause 4.3).
    4. Hirer means the person or persons that have placed an order with us to hire a trailer as named in the tax invoice (and in these terms and conditions referred to as “you” or “your”) together with the person that signs our terms and conditions and if more than one, then all of them jointly and each of them severally.
    5. Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees).
    6. Tax Invoice means the invoice we issue to you containing particulars of the transaction including a description of the trailer, the hire period, deposit already paid and balance owing in connection with the transaction.
    7. Trailer means the camper trailer ordered by you as described on our website www.campertrailerhire.me and described on the tax invoice and includes standard inclusions such as tools and tyres and any optional equipment requested by you, such as a gas bottle or stove.
  2. Agreement
    1. The agreement between us and you is contained in these terms and conditions, the particulars contained in the tax invoice and any written communications (including electronic communications) from us to you regarding the hire of the trailer and your rights or obligations regarding the hiring transaction.
    2. If there is any inconsistency between the provisions of this agreement a descending order of precedence will be accorded to (i) these terms and conditions, (ii), the particulars contained in the tax invoice and (iii) written communications received by you from us.
  3. Bookings
    1. If a booking is made by you more than 28 days before commencement of the hire period you must pay a non-refundable deposit of $100 at the time of making the booking. The balance of your hire fee is due and payable 28 days prior to commencement of the hire period. If full payment is not received by then, your booking is cancelled and you will forfeit any deposit paid to us.
    2. If a booking is made by you less than 28 days before commencement of the hire period, you must pay the full hire fee at the time of making the booking.
    3. In the event you notify us, after making your booking, that you no longer wish to use the trailer during the hire period (i.e. you seek to cancel your booking) after the total hire fee has already been paid, we will use our reasonable endeavours to re-hire the trailer to a third party during the hire period and if we succeed in doing so, you will receive a full refund of all money you have paid to us less an administrative fee of $100.00. However if we are unable to re-hire the trailer to a third party for the hire period (or some portion of the hire period) we may keep a portion of the hire fee. The portion we are entitled to keep is 100% of the hire fee for the period we are unable to re-hire the trailer, if the hire period is during our peak period (as designated on our website) or otherwise, the portion we are entitled to keep is 25% of the hire fee for the period we are unable to re-hire the trailer. You agree the sum forfeited to us in accordance with these terms and conditions is a genuine pre-estimate of damages we will suffer as a result of your breach of the agreement.
    4. You agree to pay a security bond when making your booking. You also agree, where these terms and conditions permit us to charge you any extra (for example for cleaning the trailer or where you have damaged the trailer) we may deduct that extra amount from the security bond. The security bond (or so much as remains after we deduct any extra charges under these terms and conditions) will be refunded to you within 7 days of when you return the trailer to us.
    5. You agree to provide your credit card details to us on or before the time you collect the trailer. If the security bond is insufficient to cover the extra charges that may arise in accordance with these terms and conditions, you irrevocably authorise us to debit the shortfall from your credit card account.
    6. If the security deposit is not sufficient and the balance of the extra charges you become liable to pay to us in accordance with these terms and conditions are not able to be debited from your credit card (because for example, your credit card provider declines the debit transaction) the outstanding amount together with interest and all costs of recovering that amount from you (including legal fees on a full indemnity basis) are immediately due and payable by you without further demand being made by us.
    7. Where you must may pay us interest on monies outstanding, it shall be at an annual rate equal to the Cash Rate Target set by the Reserve Bank of Australia plus 7% and that interest shall be calculated daily from the date on which monies outstanding were due to the date on which payment by you is made (both inclusive).
  4. Hire Period & Trailer Return
    1. You acknowledge the trailer may be unavailable for all or part of the hire period because of events beyond our reasonable control (for example the person that hired the trailer before your hire period may have damaged the trailer or failed to return it to us on time). In those circumstances we will use our reasonable endeavours to ensure a substitute trailer, that is similar in nature, is made available to you in substitution, however if we are unable to do so, you acknowledge we may cancel this agreement. If we cancel the agreement in accordance with this clause we will give you a full refund of all monies paid by you and neither party will thereafter have any further rights or claims against the other.
    2. If, for whatever reason, you return the trailer prior to the end of the hire period, no refund will be given for the unused portion of the hire period.
    3. Any request for an extension of the hire period beyond that which was initially agreed upon and paid for must be made to us prior to the return date. The extension will only be granted in our absolute discretion and may be refused, if for example, there is a subsequent booking. If we agree to extend the hire period, it will be upon the condition that you immediately pay, at the time of requesting the extension, for the additional period of hire.
    4. Your right to possession of the trailer ceases immediately upon expiration of the hire period. If the trailer is not returned by 10am on the expiration of the hire period, the trailer may immediately be reported as stolen.
    5. You agree to pay all our losses, costs and expenses, including consequential losses arising if you fail to return the trailer to us on the expiration of the hire period. For the avoidance of doubt, you acknowledge our consequential losses may include the loss of income we might otherwise have received from any third party that had a booking (or might have made a booking) to hire the trailer, during the period it is not returned to us.
    6. You agree to return the trailer to 49 Burton Lane, Samford Valley QLD 4520 on or before expiry of the hire period. For the avoidance of doubt, this obligation is not suspended or waived if the trailer has been damaged and is not capable of being used. If the trailer is not returned to this address (including, for example, where it has been damaged and not capable of being used), you agree to pay all costs reasonably incurred in retrieving the trailer and having it returned to us.
    7. You must return the trailer to us in a neat, tidy and clean condition, similar to how it was presented to you at commencement of the hire period. You agree that a minimum cleaning fee of $150.00 applies if you fail to comply with this obligation.
    8. You agree to pay any charges claimed by us in respect of tolls, parking or other traffic violations incurred during the period of hire or until the trailer is returned to us.
  5. The Trailer and its Use
    1. We may specify particular regions or roads that are unsuitable and if we do so, you must not use the trailer in such regions or upon such roads.
    2. You agree the trailer shall only be towed by a registered, roadworthy and suitable motor vehicle with a towing capacity that exceeds the maximum aggregate trailer mass as stated on the trailer compliance plate.
    3. You agree any person that tows the trailer shall be at least twenty-one (21) years of age and hold a current Open Australian Driver’s License of an appropriate class to operate the vehicle towing the trailer.
    4. The trailer must only be used on roads which are properly formed and constructed as a sealed, metalled or graded gravel road. We may at our discretion give permission for the trailer to be towed on other particular regions or roads that are high risk areas for damage to the trailer but if we do so, you acknowledge this does not relax your obligations arising where there is damage to the trailer and you also acknowledge that a higher daily hire rate will apply.If we find evidence that the trailer hubs have been submerged, there will be a fee charged of $200 (minimum) to $500 (maximum) to clean/replace the brake system and/or repack/replace the wheel bearings.
    5. You acknowledge the trailer is delivered to you clean and in good operating order and condition. You agree to either pay the replacement costs of the trailer (approx. $7,000 as at 1 Jan 2015) or pay the cost of any repairs required to reinstate the trailer to its condition at commencement of the hire period (except for fair wear and tear) including repairs required because of any wilful, negligent, malicious or accidental damage to the trailer during the hire period. Cost of repair to canvas which is not considered normal wear and tear also applies under this clause. You also agree to pay our consequential losses arising from our inability to hire the trailer to third parties while it is awaiting repair. Such consequential losses include the loss of income we might otherwise have received from any third party that had a booking (or might have made a booking) to hire the trailer, during the period it is not able to be used.
    6. You must not alter, modify or deface the trailer in any way, nor encumber the trailer in any manner whatsoever.
    7. You must not load the trailer in any manner contrary to the trailer manufacturer’s recommendations or in any manner that exceeds the compliance plate specifications. This includes carrying other goods on top of the trailer (e.g. tinny or pushbikes) or causing the Aggregated Trailer Mass or the Gross Trailer Mass to exceed the regulated limit for which the trailer is registered.
    8. You agree to maintain the trailer in good, serviceable and secure condition at your expense during the hire period. You agree to notify us immediately of any loss of the trailer or if any repairs are required to the trailer.
    9. If you report damage to the trailer which we attribute to being fair wear and tear and we agree to reimburse you for associated repairs, our obligation to reimburse you is contingent upon you presenting receipts for your expenses upon return of the trailer. For the avoidance of doubt, the cost of tyre repairs throughout the hire period is your responsibility.
    10. The Hirer agrees that he or she (together with anyone using the trailer through or under them) shall not be under the influence of alcohol, or any drug that may diminish their capacity, judgement or co-ordination while the trailer is being used and if requested, must not refuse to allow police to conduct a breath or blood test or drug test.
  6. Risk and Indemnity
    1. You agree to indemnify us on a full and continuing indemnity basis from and against any liability we incur, any claim which is made against us, or any loss we suffer arising directly or indirectly in relation to a breach of the agreement (including these terms and conditions) by you, or arising due to any act or omission of any person while you have possession of the trailer.
    2. You agree to use the trailer at your own risk and release us and hold us harmless from any claim for loss or damage to your personal property or any other person’s property left in the trailer or handled by us before, during or after the hire period.
    3. You will not hold us responsible for any claim for re-imbursement for accommodation or any extra costs involved due to the failure of the trailer, either through accidental damage, mechanical breakdown or such similar event during the hire period.
    4. The fitness of the trailer to perform any particular function or job is not warranted by us. We shall bear no responsibility for any injuries resulting from the use or misuse of the trailer. You shall be responsible for all medical and transportation expenses as a result of such injuries.
    5. We do not insure our trailers or equipment. You agree that it is your responsibility to insure the trailer and equipment if you feel it necessary to do so.
  7. General
    1. If any provision of the agreement including these terms and condition is unenforceable, the provision will be severed and the remaining provisions will continue to apply.
    2. The agreement including these terms and condition will be governed by the law of the state of Queensland and both parties acknowledge any cause of action arising from the agreement shall be dealt with by the Courts of Queensland.

By paying your deposit or hire fees to us you are agreeing to these Terms & Conditions of Hire.

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