Victorian Caravan Hire – ABN 20 663 423 023
TERMS AND CONDITIONS OF CARAVAN HIRE
1. DEFINITIONS In these Terms, unless the context otherwise requires:
(a) “Accessories” means any of the Hire Caravan which are installed in, or affixed to, other goods,
(b) “ACL” means Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (C’th);
(c) “Amount Owing” means at any time all amounts payable by the Hirer to Victorian Caravan Hire at that time in connection with the Hire Caravan whether or not due for payment under these Terms;
(d) “Authorised Driver” means a driver of a Towing Vehicle who:
(i.) Is recorded on the Hire Order prior to the commencement of the Hire Period;
(ii.) Is at least 25 and not over the age of 75 years;
(iii.) Has no less than 24 months driving experience;
(iv.) Has a valid licence to drive the Towing Vehicle which:
i. has been issued in an Australian state or territory or is an international licence (with a valid international driving permit or an approved translation into English if the licence is not issued in English);
ii. is not subject to any restriction or condition;
iii. has not been cancelled or suspended within three (3) years of the date of the Caravan Hire Agreement, or otherwise approved by Victorian Caravan Hire in writing to tow the Hire Caravan. For the avoidance of doubt, learner, provisional and probationary licence holders are specifically excluded
(e) “Confidential Information” means any written or oral information, which is not generally publicly available, and is of a technical, business or financial nature;
(f) “Caravan Hire Agreement” means:
(i.) any contract to which these Terms are expressed to form part;
(ii.) for the supply of Hire Caravan for hire pursuant to a Hire Order, the contract (which includes these Terms) formed for the supply of the Hire Caravan for hire to the Hirer; or
(iii.) in the absence of (i.) or (ii.) above, the dealings between the Hirer and Victorian Caravan Hire pursuant to these Terms;
(g) “Damage Excess” means the amount, including GST, up to which the Hirer must pay Victorian Caravan Hire in the event of an accident that causes damage, Third Party Loss, or in the event that the Hire Caravan is stolen;
(h) “Equipment” means any goods, products, equipment, accessories services and/or materials supplied, or to be supplied, by Victorian Caravan Hire to the Hirer;
(i) “Force Majeure” means:
(i.) war, hostilities, blockade, insurrection, invasion, act of foreign enemies, embargoes, riots, or governmental or administrative decisions;
(ii.) shipping delays industrial action, industrial disturbances, or accidents
(iii.) rebellion, terrorism, sabotage, strikes, revolution, insurrection, military or usurped power, or civil disturbance;
(iv.) breakdown of machinery, flood, bushfire, washout, earthquake, landslide, cyclone, hurricane, typhoon, tidal wave or volcanic activity;
(v.) pandemic, including any future waves of the Covid 19 pandemic;
(vi.) any other event or circumstance beyond the reasonable control of Victorian Caravan Hire and whether foreseeable or not;
(j) “Hire Caravan” means the caravan described in the Hire Order;
(k) “Hire End Period” means:
(i.) the date and time noted as the Hire End Period in the Hire Order; or
(ii.) such other date and time notified by Victorian Caravan Hire to the Hirer from time to time;
(l) “Hire Fees” means the hire charge for the applicable Hire Caravan as set out in the Hire Order and as determined in accordance with clause 2(i) and (j);
(m) “Hire Order” means an order for a Hire Caravan from Victorian Caravan Hire pursuant to which Hire Caravan will be provided to the Hirer in the form attached and signed by the Hirer;
(n) “Hire Period” means the period commencing on the day the Hire Caravan is delivered to the Hirer and ending on the date that the Hire Caravan is returned by the Hirer to Victorian Caravan Hire;
(o) “Hire Station” means the location from which the Hire Caravan is rented, as set out in the Hire Order;
(p) “Hirer” means the person or entity :
(i.) placing the Hire Order, or on whose behalf the Hire Order is placed with Victorian Caravan Hire); and/or
(ii.) the person named or entity named in the Hire Order;
(q) “Major Breach” includes:
(i.) The Hirer breaching a material obligation of this Caravan Hire Agreement wherein the breach;
a. Cannot be remedied; or
b. Can be remedied but is not remedied by the Hirer within 5 Business Days after Victorian Caravan Hire gives the Hirer notice of the breach,
For the avoidance of doubt, a breach of clause 11, or negligent act or omission which causes damage, Third Party Loss or theft of the caravan constitutes a major breach of the Caravan Hire Agreement;
(r) “Off Road” means any area that is neither a sealed nor Unsealed Road and includes, but is not limited to, unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, sand dunes, deserts, rocks, highly corrugated conditions, fields and paddocks;
(s) “PPSA” means the Personal Property Securities Act 2009 (C’th);
(t) “Security Bond” means the amount set out on the Hire Order;
(u) “Terms” means these terms and conditions of trade as modified or amended in relation to a particular Hire Order by Victorian Caravan Hire in writing;
(v) “Third Party Loss” means loss or damage to third party property, including other motor vehicles and any claim for third party loss;
(w) “Towing Vehicle” means the vehicle used to tow the Hire Caravan during the Hire Period.
(x) “Tracking Device” means Victorian Caravan Hire’s multi sensor GPS tracking devices affixed to the Hire Caravans;
(y) “Unsealed Road” means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete;
(z) “Victorian Caravan Hire” means AUS Caravan Hire Pty Ltd ACN 663 423 023 trading as Victorian Caravan Hire;
(aa) the terms “financing statement”, “proceeds”, “purchase money security interest” (or “PMSI”), “security agreement”, “security interest” and “verification statement” have the respective meanings given to them under, or in the context of, the PPSA.
2. PAYMENTS AND CHARGES
(a) Payments are to be made to Victorian Caravan Hire without deduction or set-off of any kind and by the due date for payment stipulated in the relevant invoice or statement unless otherwise agreed in writing by Victorian Caravan Hire. If no due date for payment is stated, then payment must be made within 30 days of the date of Victorian Caravan Hire’s invoice.
(b) A booking deposit of 25% of the Hire Fees is payable on reservation of the Hire Caravan.
(c) Within no less than 10 days prior to the commencement of the Hire Period, the Hirer must pay the Security Bond and the Hire Fees (less the booking deposit) to Victorian Caravan Hire in cleared funds.
(d) If the Hirer does not comply with any of its obligations under this Caravan Hire Agreement, then Victorian Caravan Hire may, without notice to the Hirer, draw on the Security Bond to recoup any loss it has incurred or become liable for.
(e) Victorian Caravan Hire may apply a payment received from the Hirer to any Amount Owing (including part payment of an invoice, administration, collection and other costs) in any order.
(f) Victorian Caravan Hire is entitled to set-off or deduct against any Amount Owing, any amount payable by Victorian Caravan Hire to the Hirer.
(g) Victorian Caravan Hire may require the Hirer to pay a credit card surcharge (in addition to any payment) of 2.2% plus GST of the payment amount where the Hirer pays by credit card or pays outside the credit period stipulated in the relevant invoice or statement.
(h) The Hirer must pay Victorian Caravan Hire interest on Victorian Caravan Hire’s overdue accounts at the rate prescribed from time to time under section 2 of the Penalty Interest Rates Act 1983 (Vic) plus an additional 2%.
(i) The Hirer must pay:
(i.) (subject to clause 2(j)) the charges in respect of each item of Hire Caravan at the rate agreed by Victorian Caravan Hire and the Hirer in writing;
(ii.) all other charges agreed by the Hirer and Victorian Caravan Hire from time to time; and
(iii.) any other amounts owing under these Terms.
(j) If the Hirer has not agreed specific charges with Victorian Caravan Hire, the Hirer is taken to have agreed to the standard Hire Fees for each item of Hire Caravan and any other standard charges, which are advised by Victorian Caravan Hire to the Hirer from time to time.
(k) The full daily charges are payable by the Hirer for Hire Caravan even if that Hire Caravan is only in the Hirer’s possession or control for part of a day.
(l) The Hirer irrevocably authorises Victorian Caravan Hire to debit the Hirer’s credit card for any Amount Owing to Victorian Caravan Hire pursuant to this Caravan Hire Agreement within a reasonable time after the Hire End Period.
3. GST AND DISCOUNTS
(a) All government imposts and any GST will be to the Hirer’s account. Victorian Caravan Hire’s price lists exclude such imposts and GST unless expressly noted thereon.
(b) Any discount offered by Victorian Caravan Hire is at its complete discretion and will only be available provided the Hirer is not in breach of any part of these Terms or in default in any of its dealings with Victorian Caravan Hire.
4. CANCELLATION
(a) The Hirer acknowledges and agrees that in the event that it cancels its booking prior to the commencement of the Hire Period, the following cancellation fees apply:
| Notice of cancellation provided by the Hirer | Percentage of Hire Fees payable |
| 30 days or more | 10% |
| 7 to 29 days | 50% |
| 1 to 6 days | 90% |
| On day of collection / no show | 100% |
(b) A cancellation is not effective until acknowledged and confirmed in writing by Victorian Caravan Hire.
(c) A full refund will be provided in the event that the booking cannot proceed due to government-imposed travel restrictions which prevent the Hirer from travelling to the destination named in the Hire Order (COVID Cancellation). For the avoidance of doubt, full refunds will not be provided for personal health concerns or change of mind.
(d) COVID Cancellations will be judged independently on the basis of current government travel advice and restrictions publicly available and requests for COVID cancellations will only be considered within 30 days of the commencement of the Hire Period. Victorian Caravan Hire reserves the right to refuse any request (acting reasonably).
5. DELIVERY
(a) Victorian Caravan Hire will make the Hire Caravan and Equipment available for collection by the Hirer as specified in the Hire Order or at any other time and place advised by Victorian Caravan Hire to the Hirer in writing.
(b) The Hirer must make all necessary arrangements to take delivery of the Hire Caravan and Equipment whenever and wherever they are tendered for delivery.
(c) The Hirer warrants that on collection, they have inspected the Hire Caravan and Equipment and all pre-existing damage is set out in the Caravan Hire Agreement.
(d) On collection, the Hirer will be supplied with:
(i.) Two gas bottles;
(ii.) One 1 kilo fire extinguisher; and
(iii.) Equipment as set out in the Hire Offer,
the Hirer warrants that it will not use the supplied gas bottles for a BBQ and it will not disconnect the gas bottles from the caravan for any reason other than to fill/replace a gas bottle during an extended travel period. A fee of $40 will apply if the ‘reserve’ cylinder is used for a BBQ or disconnected for any reason other than to be refilled/swapped.
(e) A document (including without limitation a consignment note) purporting to be signed by an officer, employee or contractor of Victorian Caravan Hire confirming delivery will be conclusive evidence of delivery as will any signed delivery docket.
(f) Victorian Caravan Hire will not be liable for delay, failure or inability to deliver any Hire Caravan.
(g) Any date for delivery specified by Victorian Caravan Hire is indicative only.
(h) If the date for delivery of the Hire Caravan is postponed or extended at the Hirer’s request or is extended due to any other cause of delay attributable to the Hirer, Victorian Caravan Hire shall be entitled to payment of the following amounts:
(i.) the amount which Victorian Caravan Hire would have been entitled to claim on delivery;
(ii.) reasonable storage and handling costs for the Hire Caravan (if applicable); and
(iii.) any additional expenses incurred by reason of the delay in delivery.
6. OWNERSHIP OF HIRE CARAVAN
(a) The Hirer acknowledges and agrees that the Hire Caravan remains the property of Victorian Caravan Hire at all times.
(b) Except where Victorian Caravan Hire agrees in writing (in its sole discretion) to sell the Hire Caravan to the Hirer (as opposed to hire it), the Hirer acknowledges that Victorian Caravan Hire owns the Hire Caravan and in all circumstances Victorian Caravan Hire retains title to the Hire Caravan (even if the Hirer goes into liquidation or becomes bankrupt during the period of hire). The Hirer’s rights to use the Hire Caravan is as a bailee only.
(c) The Hirer must not offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Hire Caravan.
(d) All risk with respect to the Hire Caravan passes to Hirer on collection of the Hire Caravan.
7. RETURN OF HIRE CARAVAN
(a) The minimum Hire Period is three (3) days.
(b) Upon the earlier of:
(i.) the Hire End Period; or
(ii.) termination of the Caravan Hire Agreement pertaining to the relevant Hire Caravan for any reason, the Hirer must return the Hire Caravan to Victorian Caravan Hire at the Hire Station at the Hirer’s expense.
(c) The Hirer must return the Hire Caravan to Victorian Caravan Hire, together with all Equipment, with Equipment and Hire Caravan:
(i.) in the same clean condition as it was provided, inside and out, or cleaning fees will apply;
(ii.) in the same good working order as it was provided at the commencement of the Hire Period (excluding fair wear and tear);
(iii.) with no damage, including to the interior or the awning (excluding fair wear and tear);
(iv.) with the Equipment in a clean condition and in the same good working order as they were provided at the commencement of the Hire Period;
(v.) with the toilet cassette and cavity in the Hire Caravan free from waste and washed out; and
(vi.) with the fire extinguisher supplied with the Hire Caravan being unused.
(d) In the event the Hire Caravan is returned prior to the Hire End Period, the Hirer acknowledges and agrees that it is required to pay all Hire Fees in respect of the Hire Period.
(e) Unless Victorian Caravan Hire has expressly agreed in writing to the contrary, if the Hirer returns the Hire Caravan more than one hour after the Hire End Period set out in the Hire Order, the Hirer will be charged one full days Hire Fee and thereafter determined in accordance with clause 2 until the Hire Caravan is returned to Victorian Caravan Hire.
(f) Victorian Caravan Hire will inspect the Hire Caravan on its return and determine in its absolute discretion (acting reasonably) whether the Hire Caravan is returned in accordance with clause 7(g). Any cleaning or deodorising of the Hire Caravan or awning will incur a cleaning fee of $75 per hour which will be deducted from the Security Bond.
(g) If the Hirer fails to remove all waste material from the toilet cassette and ensure that the cavity is washed out prior to returning to the specified Hire Station, a minimum disposal fee of $150 will be deducted from the Security Bond.
(h) Upon the return of the Hire Caravan to the Hire Station and when the Hirer has fully complied with its obligations under this Caravan Hire Agreement, Victorian Caravan Hire will return any unused part of the Security Bond to the Hirer.
8. LOSS, THEFT, DAMAGE OR FAILURE TO RETURN HIRE CARAVAN
(a) Unless Victorian Caravan Hire has expressly agreed in writing to the contrary, the Hirer is solely responsible for, and will indemnify Victorian Caravan Hire for any loss, theft or damage (other than fair wear and tear) to the Hire Caravan howsoever caused during the Hire Period except where any such loss, theft or damage was caused by Victorian Caravan Hire’s sole actions.
(b) In the event there is an accident involving the Hire Caravan or in the event that the Hire Caravan is stolen, or in the event that the Hire Caravan is otherwise damaged, the Hirer must report the accident, theft or damage to Victorian Caravan Hire as soon as reasonably practicable (but in any event within 24 hours of it occurring). The Hirer must complete an accident/theft report form.
(c) Where:
(i.) Any person is injured;
(ii.) the other party has failed to stop or leaves the scene of the accident without exchanging names and addresses; or
(iii.) the other party appears to be under the influence of drugs or alcohol, the Hirer must report the theft or accident to the Police in addition to Victorian Caravan Hire.
(d) In the event of an accident with a third party, the Hirer must:
(i.) Exchange names and addresses, phone numbers and email addresses with the third party;
(ii.) Take a photo of the third parties driver’s licence;
(iii.) Note the registration numbers of all vehicles involved;
(iv.) Take as many photos as is reasonable showing:
a. The position of all vehicles before they are moved for towing or salvage;
b. The damage to the Hire Caravan;
c. The damage to any third party vehicle or property; and
d. The general area where the accident occurred, including any road or traffic signs;
(v.) Obtain the names, addresses, phone numbers and email addresses of all witnesses;
(vi.) Not make any admission of fault or promise to pay the third party’s claim or release the third party from any liability;
(vii.) Forward all third party correspondence or court documents to Victorian Caravan Hire within 7 days of receipt; and
(viii.) Co-operate with Victorian Caravan Hire in the prosecution of any legal proceedings that Victorian Caravan Hire may institute or defence of any legal proceeding which may be instituted against the Hirer or Victorian Caravan Hire as a result of an accident, including any required physical attendances.
(e) If the Hirer fails to return the Hire Caravan by the Hire End Period (“Non Returned Product”), Victorian Caravan Hire may (in addition to its other rights under these Terms or at law), invoice the Hirer for (and the Hirer must pay) the full replacement value of the Non Returned Product.
9. REPAIR OR REPLACEMENT OF PRODUCT (NOT AT FAULT OF THE HIRER)
(a) In the event that the Hire Caravan and / or Equipment breaks down or becomes unsafe to use during the Hire Period, the Hirer must:
(i.) Immediately stop using the Hire Caravan and / or Equipment (as applicable) and notify Victorian Caravan Hire;
(ii.) Take all steps necessary to prevent injury occurring to persons or property as a result of the condition of the Hire Caravan and / or Equipment;
(iii.) Take all steps necessary to prevent any further damage to the Hire Caravan and / or Equipment itself; and
(iv.) Not repair or attempt to repair the Hire Caravan and / or Equipment without Victorian Caravan Hire’s written consent.
(v.) In the event Victorian Caravan Hire has given the Hirer authority in writing to repair the Hire Caravan, the Hirer must keep and produce to Victorian Caravan Hire on request, original tax invoices and receipts for any repairs, towing or salvage. The Hirer will only be reimbursed for authorised expenses subject to no Major Breach.
(vi.) if the Hire Caravan was damaged or became unsafe to use due to: a. the Hirer’s acts or omissions; or b. the acts or omission of the Hirer’s employees, contractors, or agents, the Hirer must immediately on demand, pay Victorian Caravan Hire all costs incurred by Victorian Caravan Hire to recover and repair or replace the Hire Caravan together with the Hire Charges for that portion of the Hire Period during which the Hire Caravan was being recovered and repaired or replaced.
(b) For the avoidance of doubt, Victorian Caravan Hire is not responsible for:
(i.) Tyre and wheel changing;
(ii.) Lost keys or keys locked in the Hire Caravan, extra charges will apply if any of these services are provided at the request of the Hirer.
(c) The Hirer acknowledges and agrees that Victorian Caravan Hire will not be liable for any expenses, inconvenience, loss, or damage that the Hirer may suffer as a result of breakdowns.
(d) The Hirer indemnifies Victorian Caravan Hire for any claim that may arise from breakdowns.
(e) In the event of any breakdowns, the Hirer is responsible for ensuring the security and proper care of the Hire Caravan and Equipment.
10. OH&S COMPLIANCE
The Hirer must ensure at all times that it complies with all applicable occupational health and safety laws, regulations and codes of practice when using and storing the Hire Caravan.
11. USE OF HIRE CARAVAN
(a) The Hirer must use the Hire Caravan for its stated purpose and not for any other purpose.
(b) The Hire Caravan must not be used in any abnormal or hazardous assignment and the Hirer must take all reasonable precautions to ensure that the Hire Caravan is kept safe and not damaged or destroyed.
(c) The Towing Vehicle must not be driven by an Authorised Driver:
(i.) while intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
(ii.) recklessly or dangerously; or
(iii.) while the Hire Caravan is damaged or unsafe.
(d) An Authorised Driver must not:
(i.) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug assessment;
(ii.) use the Hire Caravan:
a. for any illegal purpose;
b. to move dangerous, hazardous, flammable goods or substances that pollute or contaminate in quantities above that used for domestic purposes;
c. to carry illegal drugs or substances;
d. In connection with the motor trade for experiments, tests, trials or demonstration purposes;
e. to carry any weight or load that exceeds the limits for with the Hire Caravan was designed, constructed, registered or licenced; or
f. in an unsafe or un-roadworthy condition;
(iii.) tow the Hire Caravan with a Towing Vehicle that does not comply with the Towing Vehicle’s manufacturer’s specifications.
(e) The Hirer must not:
(i.) damage the Hire Caravan deliberately or recklessly or allow third parties to damage the Hire Caravan; or
(ii.) modify or alter the Hire Caravan in any way.
(f) The Hire Caravan must not be towed:
(i.) on any Unsealed Road;
(ii.) Off Road;
(iii.) on any roads that are prone to flooding or are flooded;
(iv.) on beaches, streams, rivers, creeks, dams and floodwaters;
(v.) on any road where the police or an authority has issued a warning as to conditions;
(vi.) on any road that is closed; or
(vii.) any road where it would be unsafe to drive the Towing Vehicle or tow the Hire Caravan.
(g) Unless Victorian Caravan Hire has expressly agreed in writing to the contrary, the Hire Caravan must not be used for transporting any pets or animals (excluding assistance animals).
(h) Unless Victorian Caravan Hire has expressly agreed in writing to the contrary, the Hirer and the occupants of the Hire Caravan must not smoke inside the Hire Caravan.
(i) Unless Victorian Caravan Hire has expressly agreed in writing to the contrary, the Hire Caravan must never be towed onto any island, except for Phillip Island in Victoria and Bruny Island in Tasmania.
12. RECOVERY OF PRODUCT
(a) Victorian Caravan Hire may at the Hirer’s cost, take all steps Victorian Caravan Hire deems necessary to recover the Hire Caravan (including legal proceedings) if:
(i.) the Hirer is in breach of these Terms or the Caravan Hire Agreement;
(ii.) the Hirer fails to return the Hire Caravan as required under these Terms or as otherwise requested by Victorian Caravan Hire from time to time; or
(iii.) the Caravan Hire Agreement is terminated or otherwise comes to an end.
(b) Steps Victorian Caravan Hire may take to recover the Hire Caravan includes but is not limited to entering the Hirer’s premises (or any premises that the Hire Caravan is located) in order to retake possession of the Hire Caravan and the Hirer provides its irrevocable consent to Victorian Caravan Hire to do so.
13. TRACKING DEVICE
(a) The Hirer acknowledges that a Tracking Device is fitted to the Hire Caravan to enable Victorian Caravan Hire to track the Hire Caravan.
(b) The Hirer irrevocably authorises Victorian Caravan Hire to use the Tracking Device to track the Hire Caravan and record other data relating to its use, until it is returned to Victorian Caravan Hire in accordance with this Caravan Hire Agreement.
14. INSURANCE
(a) Standard damage cover is included in the Hire Fees.
(b) The Hirer must pay Damage Excess for any damage to the Hire Caravan, theft or Third Party Loss up to the amount of $1,500 for each claim unless the Hirer was not at fault and the other party was insured and their insurance company accepts liability.
(c) All accident, damage, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess.
(d) Victorian Caravan Hire does not waive its rights to claim against the Hirer for loss, theft or damage to the Hire Caravan or Equipment and the Hire Insurance will not apply if the loss, theft or damage:
(i.) Has arisen as a result of the Hirer’s breach of a clause of this Caravan Hire Agreement;
(ii.) Has been caused by a negligent act or omission of the Hirer;
(iii.) Has arisen as a result of the Hirer’s use of the Hire Caravan and/or Equipment in violation of any laws;
(iv.) Has been caused by the Hirer’s failure to use the Hire Caravan and/or Equipment for its intended purpose or in accordance with Victorian Caravan Hire’s instructions or the manufacturer’s instructions;
(v.) Has been caused by collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object due to insufficient clearance;
(vi.) Has been caused by the overloading of the Hire Caravan or any components thereof;
(vii.) Is caused by exposure to any corrosive or caustic substance; or
(viii.) Is to tyres.
(e) The Hirer must carry and maintain sufficient insurance on the Towing Vehicle to cover for any loss, theft or damage caused to the Hire Caravan while the Hire Caravan is in the possession of the Hirer or at the risk of the Hirer (whichever is the greater period) caused by the Hirer’s operation of the Towing Vehicle.
(f) The Hirer must provide proof of such insurance as set out in subclause (e) if requested by Victorian Caravan Hire prior to taking delivery of the Hire Caravan and Victorian Caravan Hire may, in its absolute discretion refuse to provide or require immediate return of the Hire Caravan if such proof is not provided upon request.
15. IDENTIFICATION OF HIRE CARAVAN AND DEALING
(a) A document signed by an officer of Victorian Caravan Hire:
(i.) identifying Hire Caravan; and/or
(ii.) certifying that monies are owing to Victorian Caravan Hire, will be conclusive evidence of the same except in the case of manifest error.
(b) The Hirer may not install or affix the Hire Caravan to other goods (so that they become an Accessories to those other goods) or use or permit the Hire Caravan to be manufactured, processed, assembled, commingled or otherwise dealt with.
(c) The Hirer will not enter into any security agreement that permits any other person to have or to register any security in respect of the Hire Caravan or any proceeds from the sale of the Hire Caravan.
16. SECURITY
(a) Victorian Caravan Hire may register any actual or impending security interest (in any manner Victorian Caravan Hire consider appropriate including but not limited to a PMSI) in relation to any security interest contemplated or constituted by these Terms in the Hire Caravan and the proceeds arising in respect of any dealing in the Hire Caravan.
(b) The Hirer undertakes to:
(i.) do anything that is required by Victorian Caravan Hire:
a. so that Victorian Caravan Hire may acquire and maintain one or more perfected security interests under the PPSA in respect of the Hire Caravan and its proceeds,
b. to register a financing statement or financing change statement; and c. to ensure that Victorian Caravan Hire’s security position, and rights and obligations, are not adversely affected by the PPSA;
(ii.) not register a financing change statement in respect of a security interest contemplated or constituted by these Terms without Victorian Caravan Hire’s prior written consent; and
(iii.) not create or purport to create any security interest in the Hire Caravan, nor register, or permit to be registered, a financing statement or a financing change statement in relation to the Hire Caravan in favour of a third party without Victorian Caravan Hire’s prior written consent.
(c) The Hirer:
(i.) waives its right under section 157 of the PPSA to receive a copy of the verification statement relating to a security interest created under these Terms;
(ii.) agrees that to the extent permitted by the PPSA, the following provisions of the PPSA will not apply and are contracted out of: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
(iii.) agrees that the following provisions of the PPSA will not apply and the Hirer will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
(d) Unless otherwise agreed and to the extent permitted by the PPSA, the Hirer agrees not to disclose information of the kind referred to in section 275(1) of the PPSA to an interested person, or any other person requested by an interested person. The Hirer waives any right the Hirer may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
(e) For the purposes of section 20(2) of the PPSA, the collateral is the Hire Caravan. These Terms are a security agreement for the purposes of the PPSA.
(f) The Hirer agrees to notify Victorian Caravan Hire in writing of any change to the Hirer’s details within 5 days from the date of such change.
17. LIMITATION OF LIABILITY
(a) This clause 17 is subject to any contrary provisions of any applicable law (including without limitation the ACL), the operation of which cannot be excluded.
(b) Except as provided in clause 31, Victorian Caravan Hire’s liability for a breach of these Terms, the Caravan Hire Agreement, a condition, warranty or a guarantee of supply or in relation to defective goods and services or for the Hire Caravan not meeting specifications, is limited to (at Victorian Caravan Hire’s election):
(i.) in the case of goods Victorian Caravan Hire supplies:
A. the replacement of the goods or the supply of equivalent goods;
B. the repair of the goods; or
C. the payment of the cost of replacing the goods or of acquiring equivalent goods;
(ii.) in the case of services Victorian Caravan Hire supplies, the supplying of the services again, and the Hirer will limit any claim upon Victorian Caravan Hire accordingly.
(c) If goods or services Victorian Caravan Hire supplies are of a kind ordinarily acquired for personal, domestic or household use or consumption, and there is a “major” failure of the goods or services to meet any consumer guarantee under the ACL then the Hirer may choose one of the following remedies:
(i.) in the case of goods Victorian Caravan Hire supplies:
A. ask for a refund;
B. return the goods and ask for an identical replacement, or one of similar value if reasonably available; or
C. keep the goods and ask for compensation for the drop in value caused by the problem; or
(ii.) in the case of services Victorian Caravan Hire supplies:
A. cancel the contract and pay a reasonable amount for the work done, or seek a refund; or
B. for money already paid, keep the contract and negotiate a reduced price for the drop in value of the service — this may mean asking for some of the money back the Hirer has already paid.
(d) Victorian Caravan Hire will not be liable for any claim relating to or arising from any alleged fault or defect, caused or contributed to by the Hirer or any third party.
(e) No other term, condition, agreement, warranty, representation or understanding whether express or implied in any way extending to or otherwise relating to or binding upon Victorian Caravan Hire is made or given except where done so in writing and signed by an authorised officer of Victorian Caravan Hire or is explicitly set out in these Terms or any Caravan Hire Agreement.
18. TERMINATION
(a) In the event that the Hirer commits a breach of this Caravan Hire Agreement, Victorian Caravan Hire may suspend this Caravan Hire Agreement following 5 days’ written notice but only if the default has not been remedied, following which Victorian Caravan Hire may suspend or terminate this Caravan Hire Agreement immediately by written notice. On receipt of a notice terminating the hire of Hire Caravan, the Hirer must deliver to Victorian Caravan Hire (at no cost to Victorian Caravan Hire) within 10 days of the date the notice is given, or by any later date specified in the notice, all Hire Caravan on hire to the Hirer. Victorian Caravan Hire may treat any Hire Caravan not so delivered as lost, or may seek to recover the Hire Caravan from the Hirer. If Victorian Caravan Hire chooses to recover the Hire Caravan, the Hirer must indemnify Victorian Caravan Hire for its costs of recovery, including legal costs on a solicitor and own client basis. The Hirer’s obligations under this clause survive termination of the hire of the Hire Caravan.
(b) In the event that the Hirer:
(i.) Commits a Major Breach of the Caravan Hire Agreement;
(ii.) Negligently or by omission, causes damage, theft of the Hire Caravan or Third Party Loss; or
(iii.) Tows the Hire Caravan in a reckless manner so that a breach of road safety legislation has occurred, the Hirer acknowledges and agrees that the Hirer will not receive the benefit of the Hire Insurance and will be liable for all damage, theft, Third Party Loss and any reasonable additional costs or expenses Victorian Caravan Hire incurs as a direct consequence.
(c) In the event that a Major Breach occurs, acting reasonably, Victorian Caravan Hire may terminate the Caravan Hire Agreement with immediate effect and take possession of the Hire Caravan.
19. INTELLECTUAL PROPERTY
(a) The Hirer must not advertise, use or represent any intellectual property of any of Victorian Caravan Hire or of any Hire Caravan themselves in any way without the prior written consent of Victorian Caravan Hire.
(b) All intellectual property in the creation of any Hire Caravan shall be and remain the property of Victorian Caravan Hire notwithstanding any contribution by the Hirer unless Victorian Caravan Hire agrees otherwise in writing. Victorian Caravan Hire grants the Hirer a license to use such intellectual property as is necessary to use the Hire Caravan.
20. DEFAULT AND RECOVERY COSTS
(a) To the extent permissible at law (including under the ACL), default or breach by the Hirer of these Terms, a Caravan Hire Agreement or in any dealings with Victorian Caravan Hire will entitle Victorian Caravan Hire to retain all monies paid, call-up all monies due or owing (whether currently due and owing or not) cease further deliveries and recover from the Hirer all loss of profits without prejudice to any other of its rights under these Terms, a Caravan Hire Agreement or at law.
(b) The Hirer will pay (on a full indemnity basis) all costs and expenses of Victorian Caravan Hire, its legal adviser, mercantile agents and others acting on its behalf in respect of anything instituted or being considered as a result of any breach of these Terms, a Caravan Hire Agreement or a breach of any dealings with Victorian Caravan Hire.
21. INDEMNITY
To the extent permissible at law (including under the ACL), the Hirer indemnifies Victorian Caravan Hire, and agrees to keep Victorian Caravan Hire indemnified (including legal costs on a full indemnity basis) against:
(a) any claim or loss arising from or related in any way to any contract or dealing between Victorian Caravan Hire and the Hirer or anything arising therefrom, or arising as a result of, or subsequent to, any breach of these Terms or any Caravan Hire Agreement by the Hirer; and/or
(b) any act or omission of the Hirer including, but not limited to, negligence of the Hirer or any unauthorised representation made or warranty given by the Hirer in connection with the Hire Caravan.
22. FORCE MAJEURE
(a) Victorian Caravan Hire will be released from its obligations under these Terms and any Caravan Hire Agreement to the extent that performance of its obligations to the Hirer (whether for the provision of Hire Caravan or otherwise) is delayed, hindered or prevented due to Force Majeure.
(b) Victorian Caravan Hire will not be obliged to place the Hirer’s interests before Victorian Caravan Hire’s commercial interests.
23. GENERAL HIRER OBLIGATIONS
The Hirer must:
(a) at all times to act in utmost good faith with respect to the Victorian Caravan Hire.
(b) not act in a manner which could adversely affect the reputation of Victorian Caravan Hire or their Hire Caravan; and
(c) promptly advise Victorian Caravan Hire of all significant complaints, correspondence or comments relating to the Hire Caravan from any source.
24. ATTORNMENT
To give effect to its obligations arising under these Terms and any Caravan Hire Agreement, the Hirer irrevocably appoints Victorian Caravan Hire and each of its authorised officers, jointly and severally, as its attorney to do any act or thing which the Hirer is required to do under these Terms or any Caravan Hire Agreement, if the Hirer is in default of its obligations (including executing and registering instruments). Victorian Caravan Hire may exercise its powers even if this involves a conflict of duty and even if it has a personal interest in doing so. A third party may rely on a copy of these Terms as evidence of the appointment of Victorian Caravan Hire and each of its authorised officers, jointly and severally, as the attorney of the Hirer. The Hirer must promptly ratify all acts and things done by Victorian Caravan Hire and its authorised officers in the exercise of the power of attorney granted under this clause.
25. INSOLVENCY
If the Hirer commits or is involved in any act of insolvency as determined by Victorian Caravan Hire, the Hirer will be deemed in default under these Terms and all Caravan Hire Agreements. An act of insolvency includes without limitation, bankruptcy, liquidation, receivership, administration or the like and failure to pay in accordance with these Terms or any Caravan Hire Agreement.
26. PRIVACY DISCLOSURE AND CONSENT
The Hirer irrevocably authorises Victorian Caravan Hire to:
(a) obtain credit information about its personal, consumer and commercial credit worthiness from any bank or trade referee disclosed in any an application for commercial credit with Victorian Caravan Hire completed by it and provided to Victorian Caravan Hire and from any other credit provider or credit reporting agency for the purpose of assessing its application, or in connection with any guarantee given by the Hirer;
(b) use, disclose or exchange with other credit providers and other members of Victorian Caravan Hire information about the Hirer’s credit arrangements in order to assess its application for credit, monitor credit worthiness and collect overdue accounts; and
(c) disclose the contents of any credit report on the Hirer to any member of Victorian Caravan Hire, and any of their solicitors, professional advisors or mercantile agents.
27. RECALLS
In the event of a product recall the Hirer must promptly give Victorian Caravan Hire such assistance as Victorian Caravan Hire reasonably requires in relation to that recall.
28. EXCLUSIONS
(a) Except as expressly provided to the contrary in the Caravan Hire Agreement, all representations, warranties, guarantees and implied terms or conditions in relation to the Hire Caravan (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
(b) Unless expressly agreed by Victorian Caravan Hire in writing and to the extent permitted by law:
(i.) the Hirer agrees that it has made its own enquiries in relation to the suitability of the Hire Caravan and does not rely on representations by Victorian Caravan Hire in relation to their suitability for a particular purpose or any steps which may need to be taken in relation to their use and any advice; and
(ii.) any assistance given by or on behalf of Victorian Caravan Hire shall be at the Hirer’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by the Hirer or anyone claiming through the Hirer.
29. THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND FAIR TRADING ACTS
(a) Nothing in these Terms or any Caravan Hire Agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
(b) If the Hirer is a consumer for the purposes of the ACL, nothing in these Terms or any Caravan Hire Agreement limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
30. GENERAL WARRANTIES
(a) Remedies available for a breach of the warranties given under the Terms, or any other non-excludable warranties implied by operation of the ACL, are limited, at Victorian Caravan Hire’s sole discretion, to either the repair, re-supply, or refund, of the relevant Hire Caravan.
(b) To the maximum extent permitted by law, Victorian Caravan Hire exclude all other warranties and representations in regard to the Hire Caravan whether provided by common law, statute, or otherwise.
31. CONSEQUENTIAL LOSS
Victorian Caravan Hire will not be liable in any way for any contingent, consequential losses, direct, indirect, special or punitive damages arising whether due to Victorian Caravan Hire’s negligence or otherwise and the Hirer acknowledges this limit of liability and agrees to limit any claim accordingly. Consequential loss shall include (without limitation) any loss of use, data, profit, bonus, production, income, business, anticipated savings or reputation; increased project cost; loss of an economic or financial nature; and special, indirect, incidental or consequential loss, whether such loss arises directly or indirectly.
32. NO OTHER TERMS AND CONDITIONS TO APPLY
No other term, condition, agreement, warranty, representation or understanding whether express or implied in any way extending to or otherwise relating to or binding upon Victorian Caravan Hire is made or given (even if they form part of the Hirer’s purchase order) except where done so in writing and signed by an authorised officer of Victorian Caravan Hire or is explicitly set out in these Terms or any Caravan Hire Agreement.
33. CLERICAL ERRORS
Any errors and/or omissions in Victorian Caravan Hire’s documents (including but not limited to price lists, catalogues, quotations, delivery dockets, invoices, statements and credit notes) will not be binding on Victorian Caravan Hire and may be corrected by Victorian Caravan Hire without liability to the Hirer.
34. CONFIDENTIALITY
(a) Each party must:
(i.) keep all Confidential Information confidential and not disclose it to a third party other than the officers, employees and consultants or advisers of the party (or its related bodies corporate) who have a need;
(ii.) only use, disclose or copy the Confidential Information for the purposes of fulfilling its obligations under this agreement; and
(iii.) take or cause to be taken reasonable precautions necessary to maintain the secrecy and confidentiality of the Confidential Information.
(b) This clause survives the termination or expiry of these Terms and any Caravan Hire Agreement.
35. BENEFITS HELD AS TRUSTEE
The Hirer acknowledges and agrees that every representation, indemnity, defence, limitation, exemption, immunity or other benefit contained in these Terms or Caravan Hire Agreement to which Victorian Caravan Hire is entitled, will also be held by Victorian Caravan Hire as trustee for the benefit of, and will extend to protect, each other member of Victorian Caravan Hire and each of their officers, employees, contractors and agents.
36. AMENDMENT, CHANGES, AND VARIATIONS TO THESE TERMS
Any variation of the Caravan Hire Agreement must be agreed in writing by the parties.
37. HIRER TERMS
Any terms and/or conditions sought to be imposed by the Hirer upon Victorian Caravan Hire will not apply unless expressly agreed in writing by Victorian Caravan Hire as overriding or replacing these Terms.
38. GENERAL
(a) Notices: Any notice under these Terms or any Caravan Hire Agreement must be in writing, and may be delivered, emailed or posted to a party at their address or email address last notified by them to the other party. A party may change its address or number for notices by notifying the other party.
(b) Waiver: If Victorian Caravan Hire elects not to exercise any rights arising as a result of breach of these Terms or a Caravan Hire Agreement, it will not constitute a waiver of any rights relating to any subsequent or other breach.
(c) No Merger: Termination of these Terms, a Caravan Hire Agreement and/or dealings between the Hirer and Victorian Caravan Hire will not end those provisions of these Terms that are capable of surviving termination.
(d) Severability: If a provision of these Terms or a Caravan Hire Agreement would but for this clause, be unenforceable, that provision must be read down to that extent necessary to avoid that result and if that provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of these Terms and Caravan Hire Agreement.
(e) Assignment: The Hirer may not assign its rights and/or obligations under these Terms or any Caravan Hire Agreement without Victorian Caravan Hire’s prior written consent, which may be given or withheld in Victorian Caravan Hire’s sole and unfettered discretion. Victorian Caravan Hire may assign its rights and/or obligations under these Terms and/or any Caravan Hire Agreement by notice in writing to the Hirer.
(f) Trusts: The Hirer agrees that these Terms and all Caravan Hire Agreements bind it not only in its own capacity, but also as the Trustee of every trust of which it is a trustee.
(g) Jurisdiction: All contracts made with Victorian Caravan Hire will be deemed to be made in the state in which the Hire Station is located and the parties submit to the non-exclusive jurisdiction of the appropriate Courts in that state.
Address: 856 Springvale Rd, Braeside, Vic 3195
Email:
Phone: 1300 499 588
Hours: By appointment or booking only. MONDAY – FRIDAY 9am – 4pm, Weekends by arrangement. No drop-ins as this is a secure storage facility.
