Terms & Conditions

Autosleepers Pty Ltd

Terms and Conditions

1 INTRODUCTION

1.1 Hire Contract

The contract to hire a Campervan from Us (Hire Contract) consists of:

(a) the agreement (Hire Agreement) the Hirer has signed to hire the Campervan from Us;

(b) the Handover Inspection Report; and

and together they create binding and enforceable legal obligations.

1.2 Jurisdiction

The Hire Contract is governed by the laws of the state in which the Hire Station is located and the Hirer agrees the courts in that state have non-exclusive jurisdiction to determine any dispute that arises between the Hirer and Autosleepers.

1.3 The Australian Consumer Law

The Hirer has consumer rights conferred by the Australian Consumer law and neither this clause nor any other provision of the Hire Contracts excludes, restricts, or modifies any implied terms, guarantees, or rights the Hirer may have under those laws or any other federal, state or territory legislation.

1.4 Electronic signatures

(a) We may use electronic signatures as a means of entry into the Hire Contract. When the Hirer inserts an electronic signature, it must be the Hirer's own genuine signature.

(b) When the Hirer inserts an electronic signature, they consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and their obligations under the Hire Contract.

2 WHO MAY DRIVE THE CAMPERVAN?

IMPORTANT NOTICE

A breach of clause 2 is a Major Breach of the Hire Contract. See clause 17 for further details.

2.1 Authorised Drivers

(a) Only the main Hirer or any Authorised Drivers are allowed to drive the Campervan.

(b) Allowing anyone who is not an Authorised Driver to drive the Campervan constitutes a Major Breach of the Hire Contract that excludes the Hirer and any Authorised Driver from all entitlement to Damage Cover indemnity under clause 12 of these terms and conditions, subject to the damage cover exclusions in clause 13.

(c) To become an Authorised Driver, the Hirer must sign the Hire Agreement on-line and sign the agreement in person at a depot. If the Hirer is unable to make it on the day of collection, they must notify the depot and We can arrange to get the form signed at another Autosleepers depot.

2.2 Age Limits

(a) There is a minimum and maximum age limit for those renting from Autosleepers.

(b) The Hirer and any Authorised Driver must be at least 21 and not over 85 years of age and have no less than 12 months' driving experience, unless a representative from Autosleepers has agreed to a variation of that restriction before the Start of the Hire and it must be shown in the Hire Agreement.

2.3 Licence Requirements

(a) The Hirer and any Authorised Driver must also have a valid licence to drive the Campervan which is:

(i) issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English);

(ii) appropriate for the class of the Campervan; and

(iii) not subject to any restriction or condition.

(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Campervan.

2.4 Cancelled and Suspended Licences

The Campervan must not be driven:

(a) whilst the driver’s licence is cancelled or suspended as a result of an accumulation of demerit points; or

(b) if the licence has been cancelled or suspended within three (3) years of the date of the Hire Agreement,

2.5 False Information

The Campervan must never be driven by the Hirer or an Authorised Driver who has provided false, missing or a misleading name, age, address, or driver’s licence.

3 PROHIBITED USE

IMPORTANT NOTICE

A breach of clause 3 is a Major Breach of the Hire Contract. See clause 17 for further details.

3.1 The Campervan must not be driven by the Hirer or any Authorised Drivers:

(a) whilst intoxicated or under the influence of drugs or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;.

(b) recklessly or dangerously;

(d) if an Autosleepers representative has advised the Hirer not to do so.

3.2 The Hirer and any Authorised Drivers must not:

(a) fail or refuse to undergo a breath, blood, urine, fluid, or drug impairment assessment;

(b) use the Campervan:

(i) for any illegal purpose;

(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii) to propel tow another vehicle or a trailer;

(iv) to carry or transport illegal drugs or substances;

(v) in connection with the motor trade for experiments, test, trials, or demonstration purpose; or

(vi) in an unsafe or unroadworthy condition.

3.3 The Hirer and any Authorised Drivers must not

(a) damage the Campervan deliberately or recklessly or allow anyone else to do so;

(b) modify the Campervan in anyway;

(d) register or claim to be entitled to register any interest in the Campervan under the Personal Property Securities Act 2009 (Cth)

3.4 the Hirer and any Authorised Driver must not use the Campervan to carry.

(a) passenger for hire, fare, or reward or for ride shares purposes;

(b) more than the number of passengers shown in the Hire Agreement or what the Campervan is licenced to legally carry; or

3.5 The Hirer and any Authorised Drivers must not use a mobile phone to:

(a) to make or receive a phone call, perform any audio functions or as a navigation device, unless the vehicle is stationary, and the body of the phone is secured in a mounting affixed to the Campervan; or

(b) to send a text message, video message, email, or similar communication unless the Campervan is parked.

4 PROHIBITED AREAS OF USE

IMPORTANT NOTICE

A breach of clause 4 is a Major Breach of the Hire Contract. See clause 17 for further details.

4.1 The Campervan must never be driven:

(a) on an Unsealed Road unless it is:

(i) a well-maintained access road to caravan and campervan parks, official camping areas or officially recognised tourist attractions; and

(ii) less than 500 metres in length;

(b) Off Road; or

4.2 The Campervan must not be used in areas that are prohibited, including:

(a) roads that are prone to flooding or are flooded;

(b) beaches, sand dunes, streams, rivers, creeks, dams and floodwaters;

(d) any road that is closed;

(e) any road where it would be unsafe to drive the Campervan;

(f) in Western Australia; and

(g) the Northern Territory.

4.3 The Campervan must never be driven or used on any island that is off the mainland of Australia, unless We have given Our written permission prior to the Start of the Hire, and it is noted on the Hire Agreement.

5 RENTAL CONDITIONS

5.1 Minimum Hire Period

(a) The minimum Hire Period is 10 days.

(b) Short gap bookings occasionally become available at all depots in different seasons and are subject to our sole discretion.

5.2 Daily hire Conditions

Hire days are charged per calendar day. The day of pick-up is calculated as the first day of the hire and the day of return is calculated as the last day of hire. This calculation is based within depot hours for pick-up and drop-offs.

5.3 Transfers

Transfers to and from Autosleepers are not included in the hire price. It is the responsibility of the Hirer to arrange transport to and from Autosleepers depots.

5.4 Campervan collection times

(a) The pick-up times are between the hours of 10:00 am and 3:00 pm weekdays or between 9:00 am and 11:00 am on Saturdays for all depots.

(b) If the Hirer does not confirm the collection time with the head office prior to the pick-up date, a time will be allocated for the Hirer.

(c) Acting reasonably, Autosleepers may delay the Campervan collection time for repairs, maintenance and/or cleaning, as earlier hires are often returned after their required drop off time and each Campervan requires a mechanical inspection and clean before We can release it for hire.

5.5 Campervan drop-off times

The drop off times for the Campervan are between 10:00 am and 3:00 pm Monday to Friday and on Saturdays between the hours of 9:00 am to 11:00 am.

5.6 Toll Charges

All charges in respect of parking/traffic infringements and road tolls incurred during the Hire Period. This includes an administration fee for processing statutory declarations on behalf of the Hirer.

5.7 After-hours pick-up/ Unattended pick-up

After-hours and unattended pick-ups can be made by prior written arrangement only with Our Head Office in Sydney. Please contact Autosleepers on 1800 226 737 or email us enquiries@autosleepers.com.au for prior written arrangement and confirmation.

5.8 Late drop-off

(a) If a Campervan is not returned by 3:00 pm local time on the last Hire Day, the Hirer will be charged for an additional hire day. If the Hirer is running late and still wishes to return the Campervan the Hirer must ring the office (1800 226 737). An hourly rate of $45.00 will apply for waiting.

(b) An extension of the Hirer's rental can only be arranged and authorised by head office. Please call 1800 226 737. This will depend on future bookings and availability.

5.9 Public holidays

We are not open on Public Holidays.

5.10 Reservations

(a) Reservations can be made Monday to Friday between 8am - 4pm, or online at anytime.

(b) On the Autosleepers website, the Hirer can enter a booking request and Autosleepers will either decline or accept the booking once We have checked availability. The request is not confirmed until we have charged a 25% deposit and emailed through a confirmation.

5.11 Helpline

The Autosleepers Head Office offers a 7-day-a-week Australia-wide help and information service. Please call the toll-free number on 1800 226 737 for on-road service. If the Hirer does not receive an answer, the lines may be busy so please leave the Your name, best contact number, registration, where You are located and what the issue is.

5.12 One-way hires

(a) There is a relocation fee for all pick-up and drop-offs of minimum $220.00.

(b) This fee is included in the final price and cannot be waived.

5.13 Multiple hires

Two or more hires may be combined to qualify for the longer-term hire rates. For example, a 12-day hire plus one 10-day hire qualifies for the 22-day rate, subject to the time between hires not exceeding one calendar month.

5.14 Hire Period Extensions

Hire Period extensions are subject to future demand and availability and at Our sole discretion.

5.15 Change to the Drop-Off Location after Pick-Up

Change of drop off locations are subject to availability and at Our sole discretion.

5.16 Unauthorised dropping off at a different depot.

An unauthorised drop-off to a depot other than that contracted for (as stated on the Hire Agreement) will result in a relocation fee being charged to the Hirer of $1,500.00 in addition to the daily rate for each day the Campervan is delayed.

5.17 Early drop off.

There is no refund available for the unused portion of the hire should the Campervan be returned earlier than contractually agreed on the Hire Agreement.

5.18 When booking

(a) Please check the Campervan You have booked on Our website. It shows the Hirer all the details of the Campervan, including the manufacturer, make, model, year, model range, and inclusions.

(b) The registration of the Campervan can change at any point right up until the day of collection, the Hirer will receive the same model Campervan booked but the registration may be different to the one on the confirmation email.

(c) Automatic or manual transmission cannot be guaranteed unless the Hirer specifically books a Campervan with only that transmission. No refund will be issued for failure to select correct vehicle transmission.

(d) Refusal to take the Campervan will be classified as a cancellation on the day of pick-up and the Hirer will be required to pay the cancellation fees.

5.19 Disclaimer

All illustrations, line drawings and text in any of our brochures or advertising material, including Our website, are a representation only of the Campervans depicted. Variances in any Campervan or its equipment offered for hire may occur due to modifications and/or upgrades.

5.20 Campervan Model and Size

(a) All Campervans advertised on Our website show the age, size and carrying capacity of the Campervan. The Hirer will be supplied with a Campervan that matches the Campervan the Hirer has booked. Any cancellation or refusal to take the Campervan that was booked is classed as a cancellation on the day of pick-up and the Hirer will not be entitled to a refund under any circumstance.

(b) Autosleepers is not at fault, nor will We refund if the Hirer books a Campervan that does not accommodate their needs/wants. Be aware of the Campervan's height, and the Campervans dimensions are listed on the website.

5.21 Contractual Rights

This Hire Contract overrides any other contract form or contract taken in any other country. Any changes made to this Hire Contract may only be in writing and signed by the Hirer and an authorised agent of Autosleepers. Autosleepers makes no express or implied warranty in relation to this Hire Contract.

5.22 Pick-up Inspection

(a) Prior to the Campervan being released for hire an inspection of it will be conducted by the Hirer and an Autosleepers representative. The inspection will cover the external panels, windscreen and windows, internals of the Campervan and an inventory of additional equipment supplied.

(b) A Handover Inspection report will be completed by the Autosleepers representative showing all previous damage to the Campervan. The report also confirms that the Campervan is in a clean and in a satisfactory state on collection. If the report does not accurately reflect the condition of the Campervan the Hirer must inform Our representative before departure to allow Us the opportunity to rectify any points the Hirer has identified.

(c) Once the condition report is signed, the Hirer agree the Hirer has received the Campervan in satisfactory condition and no refunds will be provided for issues with the condition of the Campervan unless these could not reasonably have been detected at pick-up,

(d) It is the responsibility of the Hirer to check over the condition of the Campervan prior to leaving the depot, this also includes the key condition. If any key provide to the Hirer breaks while on hire the Hirer must inform the head office immediately and the Hirer will be liable for a replacement.

5.23 Insect Infestation

Autosleepers is not responsible for any insect infestation such as, but not limited to, ants, flies, cockroaches, fleas, bedbugs, and mosquitoes. No refunds will be provided for any infestations mentioned above or that could have occurred during the Hire Period.

5.24 Return of the Campervan

The Hirer must return the Campervan:

(a) to the correct Hire Station;

(b) on the date and by the time shown on the Hire Agreement;

(d) with the same level of fuel as shown on the condition report on pick-up.

5.25 Cleaning fee on return of the Campervan

A cleaning fee of $150 (inside) & $75 (outside) applies if the Campervan is not returned to us in the same clean condition, it was in at the Start of the Hire, subject to reasonable wear and tear.

5.26 During the hire

The Hirer must not:

(a) use the Campervan for transporting any pets or animals, except accredited or trained assistance animals, unless specifically approved by us in writing;

(b) smoke in the Campervan, or use candles or mosquito coils inside it and, the Hirer must also take reasonable steps to prevent passengers from doing so; or

(c) use the Campervan to move infectious, bio-hazardous or biomedical waste, unless specifically approved by us in writing.

Additional cleaning, disinfection and deodorising charges will apply.

5.27 Living equipment

(a) Sleeping and kitchen equipment are provided with each hire at no extra cost. The sleeping equipment consists of a pillow, pillowcase, sheet, and sleeping bag or duvet, packed per person. as Australia has varying temperatures throughout, we only pack the basics to get the Hirer started.

(b) We will not refund for anything additional the Hirer chooses to purchase.

5.28 Additional Equipment for Hire

The following extras may be hired at extra cost and must be booked in advance:

(a) Outdoor Table;

(b) Outdoor Chairs;

(d) Child seats; and

(e) Additional sleeping/kitchen equipment.

5.29 Missing or damaged equipment

(a) the Hirer will be charged replacement costs if any of the additional equipment listed in clause 5.28 is missing or not returned in the same condition as at the Start of the Hire, subject to fair wear and tear.

(b) If anything is missing from the Campervan, the Hirer must inform us immediately or return to the depot to get a replacement, no refund will be provided if the Hirer choose to purchase anything missing.

5.30 Toilet waste

Toilet waste must be removed from the Campervan prior to its return. If the Campervan is returned with the toilet waste not emptied and (or) cleaned, the Hirer will be charged a $150.00 fee at the discretion of the check-in depot.

5.31 Failure to return the Campervan.

(a) If the Hirer fails to return the Campervan, Autosleepers may terminate the Hire Contract and if the location of the Campervan is known we will recover it by lawful means.

(b) If its location is unknown, after making reasonable attempts to contact the Hirer, We will report the Campervan as stolen to the Police.

5.32 Travelling with Children

(a) We take no responsibility for Campervans incorrectly booked for carrying children.

(b) Refusal to take the Campervan that was booked is classed as a cancellation on the day of pick-up and the Hirer will not be entitled to a refund under any circumstance.

(c) Autosleepers staff will reasonably endeavour to provide the correct advice on the information given by the Hirer prior to booking but We have no responsibility if the Hirer booked the wrong Campervan or restraints for the Hirer’s needs.

(d) It is the Hirer’s responsibility to comply with all child restraint laws and ensure that for all children under the age of seven years, the restraint has been fitted correctly according to the weight and age of the child and that the restraint is properly adjusted and fastened.

(e) Campervan differences are specifically listed on Our website, including which Campervan has an anchor point and if it requires forward or rear facing.

5.33 Relocations

(a) Relocations are subject to change or cancellation without notice at any point, we will notify the Hirer as soon as possible but we do not take responsibility or fault.

(b) The minimum age for relocation drivers is 21 years of age.

(c) A $2,000 pre-authorisation will be held for all Relocations as a Security Bond. This is held by the card issuer (not Autosleepers).

(d) An additional charge incurs if the Hirer wishes to include linen for the relocation.

(e) If free fuel is included in the relocation (to be confirmed with Autosleepers) receipts must be presented at drop off location and will be added to the customer file to be refunded with-in ten working days.

(f) Should the Campervan breakdown during the relocation, Autosleepers can terminate the contract from that point on and we are not obliged to make further arrangements for the Hirer.

(g) Cancellation fee of $100 applies to all cancellations of relocations.

(h) Compensation of any kind will not be paid on relocations under any circumstances.

6 FUEL

6.1 What fuel can be used in the Campervan?

(a) When collecting the Campervan, an Autosleepers representative will advise the Hirer which fuel is suitable for the Campervan. There is no Damage Cover for Damage caused by use of incorrect fuel.

(b) The fuel economy of each individual Campervan may vary depending on several contributing factors including but not limited to how the Campervan is driven, tyre pressure, weather, and vehicle loading. We are not responsible for any variations to fuel economy.

(c) We do not supply the Campervan with a full fuel tank. The fuel level of the Campervan is indicated on the condition report on pick-up, and the Hirer must return the Campervan with the same level as indicated on that report. If the Campervan is returned with a lower level of fuel than indicated on the condition report the Hirer will be charged at the market price, plus a service fee if the fuel level is less than one quarter.

(d) If the Hirer runs out of fuel and requests roadside assistance the Hirer will be liable for the call out fee, in addition to the cost of the fuel.

7 PAYMENT OBLIGATIONS

7.1 At the End of the Hire, the Hirer must pay:

(a) the balance of the Hire Charges (if any);

(b) the Damage Excess (if not already paid);

(d) for all Overhead Damage;

(e) for all Underbody Damage;

(f) for any Damage caused by the immersion of the Campervan in water;

(g) any costs we incur, including but not limited to:

(i) refuelling costs;

(ii) extra cleaning costs;

(iii) costs incurred in reinstating the Campervan to the same condition it was in at the Start of the Hire(fair wear and tear excluded); and

(iv) for all Damage arising from a Major Breach of the Hire Contract.

(h) Any amount payable under the Hire Contract is subject to subsequent verification and adjustment and details of any adjustments will be provided to the Hirer as soon as practicable.

7.2 Payment in Australia

All payments are to be paid in Australian Dollars ($) only.

7.3 Exchange rate/currency fluctuation

All credit card transactions are conducted in Australian Dollars (AU$). Due to exchange rate fluctuations, there could be some variation in the amount initially debited against the Hirer's credit card and the amount refunded when the Campervan is returned. We have no liability for these variations, up or down, as they are entirely out of Our control.

7.4 Credit Card Authority

(a) If any amount is due to Us, including the Damage Excess payable under clause 12.2(a), or remains unpaid the Hirer authorises Us to debit the provided credit card with that amount within a reasonable time after the End of the Hire.

(b) The credit card the Hirer supplies must be the Hirer's own card only. If the Hirer provides Us with another person’s card, they must be present at pick-up to sign the authorisation form.

7.5 Interest on outstanding amounts

Amounts owing to Us pursuant to this clause 7 accrue interest at the rate of 10% per annum commencing 14 days after the End of the Hire.

7.6 Default in payment

If the Hirer defaults in the payment of any money owed to us under the Hire Contract, the Hirer authorises Us to provide information of that default to a credit reporting body and to obtain an up-to-date consumer credit report on the Hirer. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about the Hirer, including defaults in excess of 60 days and the debt owed to us.

7.7 Writing and Calculation errors on Hire Agreement

The charges as set out herein are not final. Should a written and/or a calculation error occur, the Hirer authorises Autosleepers to charge their credit card for any shortage, or in case of over payment, receive payment from.

8 CANCELLATION

8.1 Cancellation fees

The following cancellation fees are payable:

(a) If cancelled 30 days or more prior to the pick-up date: a fee of $200 (Deposits up to $200 are non-refundable);

(b) If cancelled within 7-29 days of the pick-up date: 50% of the full Hire Charges;

(d) If cancelled on the day of pick-up or ‘no-show’, 100% of the full Hire Charges.

8.2 Cancellation acknowledgement required.

A cancellation is not effective until acknowledged and confirmed by a Autosleepers representative.

8.3 Agent commission forfeited.

No commission is payable to our booking agents if a customer cancels their booking.

9 OBLIGATIONS

9.1 Start of the Hire

At the Start of the Hire and before collecting the Campervan the Hirer must:

(a) present the Hirer's driver's licence and that of any additional drivers or permit copies of the drivers' licences to be made and copied by us.

(b) pay the anticipated Hire Charges as well as the Security Bond.

9.2 Security Bond

(a) The security bond will be retained by us as a security for the performance of any of the Hirer's obligations and liabilities under the Hire Contract, including for Damage, theft of the Campervan or Third-Party Loss occurring during the Hire Period.

(b) It is fully refundable to the Hirer provided that:

(i) all amounts due to us under the Hire Contract have been paid, including any added charges and refuelling costs;

(ii) the Campervan has been returned to the correct Hire Station at the date and time set on the Hire Agreement;

(iii) there is no Damage or Third-Party Loss;

(iv) the equipment supplied pursuant to clause 14.3 is clean and in the same condition it was in at the Start of Hire, subject to reasonable wear and tear;

(v) the exterior and interior of the Campervan are clean;

(vi) the Campervan has the correct amount of fuel; and

(vii) there has not been a Major Breach of the Hire Contract.

9.3 Bond Return

(a) The Security Bond is fully refundable when the Campervan is returned to the correct location in a clean and undamaged condition. The security deposit will be returned to the Hirer's credit card within 10 working days after the completion of the Hirer's rental.

(b) However, an amount is owed to Us pursuant to these Terms and Conditions, and the security deposit is insufficient to cover the damage then the Hirer will be liable for any extra cost. If the Campervan is returned with any Damage, or has been involved in an Accident, whether the fault of the Hirer or not, the security bond will be retained by Autosleepers until the full cost of the Damage is determined, or the claim has been settled by the Third Party’s Insurance Company.

(c) The security bond will be returned to the Hirer in full if it is determined that there is no liability to the third party under Australian motor vehicle laws and/or with Australian litigation. Please note that Third Party claims can take months or even years to resolve. Autosleepers cannot force the destiny of these claims, it is up to our Insurance Company and the Third Party, be they insured or not.

10 TRAFFIC INFRINGEMENTS

10.1 Traffic Infringements, tolls

(a) The Hirer must pay:

(i) all speeding, traffic fines and infringements, as well as any fines or charges; and

(ii) all tolls.

(b) All infringements and unpaid tolls incur an additional $44 administration fee from Autosleepers.

11 MANDATORY WHEN TRAVELLING

IMPORTANT NOTICE

A breach of clauses 11.2, 11.3, 11.5, 11.7 is a Major Breach of the Hire Contract. See clause 17 for further details.

11.1 The Hirer must comply with all mandatory:

(a) seat belt laws and fines may be imposed by the police on any driver or passenger who does not have a seat belt properly adjusted and fastened; and

(b) child restraint laws ensure that all children under the age of seven years have been restraint and have been fitted correctly according to the weight and age of the child and the restraint is properly adjusted and fastened.

11.2 The Hirer must take reasonable care of the Campervan by:

(a) preventing it from being damaged;

(b) making sure that it is protected from the weather; and

11.3 The Hirer must make sure that the Campervan is locked when not in use or unattended and the keys or remote-control device must be kept in the Hirer's possession, or that of any Authorised Driver, at all times and are never left in the ignition when the Campervan is unattended.

11.4 On a daily basis the Hirer and any Authorised Driver must check the follow daily:

(a) all fluid levels. e.g. oil, coolant, brakes (clutch if necessary);

(b) all tyres (visually) for wear and correct inflation;

(d) tyre pressure

11.5 The Hirer must inform us immediately if any of the below happen during the hire and the Hirer must immediately call the head office on 1800 226 737 and inform Us if:

(a) a warning light or fault message appears on the dash;

(b) low engine, brake oils, or engine coolant levels;

(d) any damage has been caused to the Campervan, single vehicle damage or collision with another vehicle.

11.6 If the Hirer fail to notify us and continue to use the Campervan the Hirer will be responsible for any Damage or Third-Party Loss and the Hirer will be fully liable if a break down occurs due to failure to report.

11.7 The Hirer must not let anyone else repair or work on the Campervan or tow or salvage it without our prior written authority to do so.

11.8 The Hirer must not leave the Campervan unattended following an Accident and before the arrival of a tow or salvage operator.

12 INSURANCE AND DAMAGE COVER

12.1 CTP Insurance

(a) All Campervans have Compulsory Third Party (CTP) insurance cover.

(b) CTP is mandatory in all states and Territories and provides compensation for bodily injuries caused by vehicles.

12.2 Damage Cover and the Damage Excess

(a) Standard Damage Cover is included in the Hire Charges. Subject to these Terms and Conditions, we will indemnify the Hirer and any Authorised Driver for theft of the Campervan, any Damage (excluding tyre and windscreen damage) or Third-Party Loss but the Hirer must pay up to the Damage Excess shown on the Hire Agreement for each Accident or theft claim unless:

(i) We agree the Hirer was not at fault.

(ii) the other party was insured, and their insurance company accepts liability.

(b) The Damage Excess will be charged to the Hirer credit card:

(i) for Single Vehicle Accidents

(ii) if the Campervan has been stolen, after we have made reasonable enquiries and, in our opinion, it is unlikely the Campervan will be recovered.

(iii) for Accidents in which there is also Third-Party Loss, after:

(A) A reasonable estimate of the Third-Party Loss has been made.

(B) A repairer's estimate or tax invoice verifying the amount charged for Damage has been obtained; and

13 DAMAGE COVER EXCLUSIONS

13.1 General exclusions

(a) There is no Damage Cover. the Hirer and any Authorised Driver are liable for Damage or Third-Party Loss arising from:

(i) a Major Breach of the Hire Contract;

(ii) the use of the Campervan by any driver who is not an Authorised Driver or who is less than 21 or more than 85 years of age;

(iii) a Single Vehicle Accident;

(iv) Overhead Damage;

(v) Under body Damage;

(vi) Damage caused by immersion of the Campervan in water.

(b) There is also no Damage Cover for:

(i) the full cost of replacing or repairing any accessories supplied by us including, but not limited to, lost or broken keys or

(ii) personal items or valuables that are left in or stolen from the Campervan or for loss or damage to property.

13.2 Tyre and windscreen damage Exclusion

(a) Only the front windscreen and the Campervan's tyres are covered, everything else is excluded from Damage Cover.

(b) Average tyre prices in Australia are $190.00, so please take care of the Campervan's tyres as the Hirer is responsible for all tyre and windscreen damage not caused by reasonable wear and tear, up to $500.00 if the Hirer does not have tyre and windscreen cover

14 EQUIPMENT SUPPLIED AND AVAILABLE FOR RENTAL

14.1 LPG gas bottle and fire extinguisher

At the Start of Hire We will supply:

(a) The LPG gas bottle is not supplied full on pick-up. A refill can be purchased from us for $25.00 per bottle, from the following Autosleepers depots – Cairns, Sydney, and Melbourne. The LPG gas bottle may be returned empty at the End of the Hire.

(b) One fire extinguisher -At the End of Hire, the Hirer will be charged the replacement cost, plus an Administrative Fee, if the fire extinguisher has been used.

15 ACCIDENTS, BREAKDOWNS, AND REPAIRS

15.1 Breakdown

(a) 24/7 roadside assistance by major Roadside Assist organisations is provided free of charge for breakdowns (but not for Accidents or customer liable breakdowns) and whilst we provide the Hirer with a Campervan of acceptable quality and in good working order breakdowns do occur.

(b) If the Campervan breaks down during the Hire Period, the Hirer is required to contact us on the free Helpline 1800 226 737 immediately.

(c) The Hirer is not to leave the Campervan unless approved by Autosleepers, the Hirer is liable for the Campervan and must not abandon it regardless of the circumstances.

(d) Subject to the Australian Consumer Law, in cases where the breakdown is Our responsibility, Our liability is limited to refunding the downtime of the Campervan while it is in a repair shop.

(e) No alternative accommodation or food items will be paid for during such down time. However, the Hirer may choose between Autosleepers refunding for the lost time or paying for accommodation with a maximum of $150 per night.

(f) If the Hirer is to experience any issue during the hire, the Hirer must contact us immediately and give Us the chance to rectify any issues before a compensation offer is made.

(g) In the event of a Campervan motor overheating and driven continually until it can no longer function, or any damage to the Campervan caused by user error, acting reasonably Autosleepers has the right under these Terms and Conditions to terminate the Hire Contract immediately and to finalise and cancel further use of the Campervan at the Hirer’s expense. All towing, transport and repairs will be at the Hirer’s expense.

15.2 Refund for lost time

(a) Any refund for on-road problems will be made at the End of the Hire only.

(b) The repair time will be calculated, and the downtime will be offered via email and credited to the credit card on file once the compensation document has been returned completed.

15.3 Minor repairs

(a) Minor repairs to mechanical items and oil consumption up to $50 will be reimbursed but the Hirer must keep and provide us with the original tax invoices and receipts. Any entitlement to reimbursement is subject to there being no Major Breach of the Hire Contract.

(b) The Hirer must inform Autosleepers before purchasing anything mechanical as we must note the file and advised if a follow inspection is required.

Please Note: It can often be difficult to carry out repairs during weekends and holiday periods and/or in remote areas due to limited opening times and/or spare parts. We hold no responsibility.

15.4 Battery

Should the Hirer request roadside assistance because of a flat battery, and it is detected that the cause was due to the Hirer’s fault, the Hirer will be responsible for the call out fee incurred by the road service provided. If the fault with the battery is due to mechanical problems, there will be no charge.

15.5 No Responsibility

(a) Subject to the Australian Consumer Law, we are not responsible for:

(i) replacing or compensating the Hirer for spoiled food caused by a fridge malfunction or meals purchased due to the lack of food storage;

(ii) Damage to the Hirer’s property caused by water due to leaks;

(iii) pre-organised tours the Hirer has missed due to Campervan repairs or breakdowns, and we will not reimburse any non-refundable deposits or other associated costs incurred by the Hirer as a result;

(iv) flights the Hirer has booked or missed;

(v) holiday plans that are disrupted;

(vi) loss of enjoyment;

(vii) additional camp sites the Hirer has booked due to battery/power issues;

(viii) booked accommodation the Hirer is unable to travel to;

(ix) loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics; or

(x) consequential or economic loss.

(b) We are also not responsible for:

(i) Damage as a result of use of the incorrect fuel type;

(ii) Tyre changing;

(iii) Lost, damaged keys, or remote-control device; or

(iv) Keys or remote-control device locked in the Campervan.

(c) Failure to allow Autosleepers to rectify any on road issues including breakdowns, leaking vans, faulty/broken parts on the van will result in no refunds. This will make Autosleepers not liable for refunding the Hirer.

16 Accident and theft reporting

IMPORTANT NOTICE

A breach of any part of this clause 16 is a Major Breach of the Hire Contract. See clause 17 for further details.

16.1 Reporting an Accident or theft to Us

(a) If You or an Authorised Driver has an Accident or if the Campervan is stolen You must report the Accident or theft to Us as soon as practicable but in no case more than 24 hours of it occurring and fully complete an Accident/Theft report form.

(b) The Accident/Theft report form should include as much information as is reasonably practical, including:

(i) the information listed in clause 16.3 regarding the contact details for the other driver and witnesses and an accurate written and diagrammatic description of the Accident and its location; and

(ii) the circumstances under which the Accident or theft occurred.

(i) within seven (7) days of the Accident or theft, or upon the return of the Campervan if it is returned to Us within that seven (7) day period; or

(ii) if the Campervan is stolen, immediately the theft of the Campervan is reported to the police.

16.2 Reporting an Accident or theft to the police

If the Campervan is stolen or if You or an Authorised Driver of the Campervan has an Accident where:

(a) any person is injured;

(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or

You or the Authorised Driver must also report the theft or Accident to the police.

16.3 Steps You must take following an Accident

If You or an Authorised Driver have an Accident You and the Authorised Driver must:

(a) make the Campervan secure;

(b) exchange names and addresses, phone numbers and email addresses with the other driver;

(d) take a photo of the other driver's licence;

(e) take the registration numbers of all vehicles involved;

(f) take as many photos as is reasonable showing:

(i) the position of the vehicles before they are moved for towing or salvage;

(ii) the Damage to the Campervan;

(iii) the damage to any third party vehicle or property; and

(iv) the general area where the Accident occurred, including any road or traffic signs; and

(g) obtain the names, addresses, phone numbers and email addresses of all witnesses.

16.4 Subsequent assistance

Subsequent to the Accident of theft You and any Authorised Driver must:

(a) forward all third party correspondence or court documents to Us within seven (7) days of receipt;

(b) co-operate with Us in the investigation of any Accident or theft claim and supply such further information as We or Our investigator may reasonably request within seven (7) days of receipt of such a request; and

(c) co-operate with Us in the prosecution of any legal proceedings that We may institute or the defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending:

(i) Our lawyer's office; and

(ii) any Court hearing.

16.5 What You must not do

You and any Authorised Driver must not:

(a) make any admission of fault;

(b) make any offer or promise to pay or settle any claim for Third Party Loss; or

(c) agree to indemnify, waive, or release any other party from liability to pay for Damage as a result of an Accident, theft of attempted theft.

16.6 Consequences of delayed co-operation

Your entitlement to Damage Cover will be reduced according to the extent We are prejudiced as a direct result of any delay in complying with:

(a) the reporting obligations in clauses 16.1 and 16.2; and

(b) the obligations in clause 16.4 to forward third party correspondence and court documents to Us within seven (7) days and to co-operate with Us in the investigation of any Accident of theft claim and the prosecution or defence of any legal proceedings.

17 Consequences of a Major Breach of the Hire Contract

17.1 Major Breach

A Major Breach of the Hire Contract occurs if there is a breach of any of the following clauses:

(a) 2 (who may drive the Campervan);

(b) 3 (prohibited use);

(d) 11.2(reasonable care);

(e) 11.3 (Campervan to be locked);

(f) 11.5 (notification of fault in the Campervan);

(g) 11.7 (repair without authority);

that causes Damage, theft of the Campervan or Third Party Loss;

(h) 16 (Accident reporting) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or

(i) 18.2(b) (removal of a Tracking Device).

17.2 No Damage Cover

If You or any Authorised Driver:

(a) commit a Major Breach of the Hire Contract; or

(b) drive the Campervan in a reckless manner so that a substantial breach of road safety legislation, has occurred,

You and any Authorised Driver:

(i) have no Damage Cover;

(ii) are liable for all Damage, theft of the Campervan and Third Party Loss; and

(iii) are liable for and must pay any additional costs or expenses We incur in recovering the Campervan.

17.3 Termination and repossession

Acting reasonably, We may terminate the Hire Contract and take immediate possession of the Campervan if:

(a) there has been a Major Breach; or

(b) there has been a breach of clause 17.2(b).

18 Privacy

IMPORTANT NOTICE

A breach of clause 18.2(b) is a Major Breach of the Hire Contract. See clause 17 for further details.

18.1 Personal Information

(a) We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.

(b) When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.

(c) We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

18.2 Tracking Device

(a) A Tracking Device may be fitted to the Campervan to enable Us to track the Campervan when it is out of Our possession. When You sign the Hire Agreement You are authorising Us to use the Tracking Device to track the Campervan and record other data relating to its use, until it is returned to Us.

(b) You must not tamper with the Tracking Device or remove it from the Campervan.

19 Definitions and interpretation

19.1 Definitions

In these Terms and Conditions:

Accident means an unintended and unforeseen incident, including:

(a) a collision between the Campervan and another vehicle or object, including animals and roadside infrastructure;

(b) rollovers; and

that results in Damage or Third Party Loss.

Authorised Driver means any driver of the Campervan who is approved by Us and who is recorded on the Hire Agreement prior to the Start of the Hire.

Campervan means the Campervan described in the Hire Agreement and includes its parts, components and accessories, including the GPS unit.

Damage means:

(a) any loss or damage to the Campervan including its parts, components and accessories, including the GPS unit, that is not fair wear and tear;

(b) towing and salvage costs;

(d) Loss of Use,

and for the removal of doubt, any Damage to the windscreen, headlights, lights or tyres that makes the Campervan unroadworthy is not fair wear and tear.

Damage Cover means the cover You and an Authorised Driver have for Damage, theft, attempted theft and Third Party Loss under clause 12.2, subject to the Damage Cover Exclusions in clause 13.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident or attempted theft that causes Damage or Third Party Loss or the Campervan has been stolen and not recovered.

End of the Hire means the date and time shown in the Hire Agreement or the date and time the Campervan is returned to Us, whichever is the later.

Handover Inspection Report means the document entitled Handover Inspection Report that shows the condition of the Campervan and lists any Damage at the time of the inspection.

Hire Charges means the charges payable for renting the Campervan from Us together with GST and any other taxes or levies which are all fully set out in the Hire Agreement.

Hire Period means the period commencing at the time shown in the Hire Agreement and concluding at the End of the Hire.

Hire Station means the location from which the Campervan is rented, as shown on the Hire Agreement.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Hire Agreement because the Campervan is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach has the meaning in clause 17.1.

Off Road means an area, surface or terrain that is not a sealed or 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, deserts, rocks, fields and paddocks.

Overhead Damage means Damage to the Campervan or Third Party Loss caused by:

(a) contact between the part of the Campervan that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path;

(b) objects being placed on the roof of the Campervan; or

Security Bond means the amount shown on the Hire Agreement We collect from You at the Start of the Hire as security for the Hire Charges and other fees and charges incurred during Your hire and the amount is fully refundable subject to clause 92.

Single Vehicle Accident means a collision between the Campervan and another object when no other moving vehicle is involved and includes:

(a) collisions with trees, guideposts, or other roadside infrastructure,

(b) Collisions with animals

(d) impacts with any stationary object including other parked vehicles.

Start of the Hire means the date and time that the hire commences as shown in the Hire Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Tracking Device means a GPS or other device that is fitted to the Campervan that has electronic tracking capabilities to determine its location and other data including speed, braking and fuel levels.

Underbody Damage means any damage to the Campervan caused by or resulting from contact between the underside of the Campervan and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

Unsealed Road means a road, other than a road that is undergoing temporary roadworks, that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

We, Us, Our, means Autosleepers Pty Ltd ACN 118 406 072 and is a division of the Roveland Pty Ltd Group.

You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Campervan from Us and whose name is shown in the Hire Agreement.

19.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and

(b) where You comprises two or more persons each is bound jointly and severally.