a. “Additional Charge” means the sum per day or part of the day nominated in this Agreement.
b. “Agreement” means this Hire Agreement, Terms and Conditions of Hire and any attachments.
c. “Driver” means the Driver of the vehicle, which will be towing the Trailer who will be the same person as the Hirer or where the Hirer is not a natural person, its duly authorised servant or agent.
d. “Hirer” means –
i. The person or corporation named on the face of this Agreement and includes any person signing as or on behalf of the Hirer even if that person is the servant or agent of the Hirer.
ii. Where the Hirer is not a natural person then the Hirer shall indemnify the Owner in respect of any breach of this Agreement by the Hirer’s servant or agent whether or not such breach was within the scope of the Hirer’s servant or agent’s authority or employment.
e. “Insurer” means the Insurer of the Trailer.
f. “Loss and/or Damage” shall include but will not be limited to –
i. Loss and/or damage caused to the Trailer; ii. Loss and/or damage to any person and/or the property of any person;
iii. All costs and expenses of any claims, actions, suits or proceedings arising as a result of loss or damage set out in i. or ii. Above and all consequential loss to the Owner including loss of rental;
iv. All costs and expenses arising as a result of the Hirer failing to comply with the Agreement;
v. All costs and expenses arising out of theft or abandonment of the Trailer.
g. “Owner” means
h. “Place of Hire” means
i. “Security Bond” means the sum identified in this Agreement.
j. “The Trailer” means the camper Trailer described in the Hire Agreement supplied to the Hirer by the Owner pursuant to this Agreement together with all accessories, tools and equipment.
k. “Vehicle” means the vehicle nominated in this Agreement as the vehicle, which will tow the Trailer, and which the Hirer warrants is properly equipped to tow the Trailer.
The Hirer shall not –
a. Use the Trailer for any purpose whereby the Insurer refuses to indemnify the Owner;
b. Tow the Trailer using a vehicle other than the vehicle described in this Agreement;
c. Make any unsafe or impractical water crossing in the Vehicle while the Trailer is being towed by the Vehicle;
d. Drive the Vehicle while the Trailer is being towed by the Vehicle along any beach in high tide or where the tide has capacity to swamp the vehicle and Trailer;
e. Breach or fail to comply with any statutes, rules or regulations relating to the towage of the Trailer.
Just Cruizn Camper Trailer Hire requires two forms of identification prior to the hiring of our equipment with one form of ID showing a photograph (ie: Drivers Licence or Passport). Also required is the Hirers current residential address and contact details (evidence by way of Energex or Telephone Account may be sufficient) The Driver of the towing vehicle must be 25 years or over. Driver of the Towing Vehicle must hold a current drivers licence for at least 2 years
The Hirer will return the Trailer to the Owner –
a. At the time, date and Place of Hire indicated in this Agreement;
b. In the same condition (fair wear and tear excepted).
c. In a clean and tidy condition (as determined by the Owner in the Owner’s absolute discretion); otherwise cleaning fees will apply
d. Into the custody of the Owner.
e. There will be no refunds, partial or otherwise, and no future credit accrued as a result of early return of the Trailer.
a. In the event of an incident occurring which renders the Trailer unable to be towed and/or returned to the Hirer at the time and Place of Hire then the Hirer must notify the Owners as soon as practicable and arrange for the Trailer to be transported to the Owner to the Place of Hire as soon as practicable and in such a manner as to ensure that no further damage is caused to the Trailer.
b. The Hirer shall be responsible for all costs associated with the transportation of the Trailer referred to in clause a.
c. The Hirer shall pay to the Owner the additional charges for each day after the date upon which the Trailer is due for return until the Trailer is returned to the Owner.
d. The Owner will not be responsible for any expenditure and/or loss incurred by the Hirer arising out of any breakdown of the Trailer however such breakdown is caused.
a. If the Hirer fails to return the Trailer to the Owner at the Place of Hire within 24 hours after the time indicated in this Agreement then the Trailer is deemed to be stolen.
b. In the event that the Trailer or any part of the Trailer is deemed stolen or if the Trailer is abandoned by the Hirer then the Hirer indemnifies the Owner in respect of all costs, losses and expenses sustained by the Owner s a result of that theft or abandonment including but not limited to seizing and taking possession of the Trailer, advertising costs and replacement of the Trailer.
c. The Hirer agrees that, under any circumstances whatsoever to allow the managers of Just Cruzin Camper Trailer Hire to any representative or agent nominated by the Owner to enter the Hirers premises, or premises where the Trailer has been parked, left or abandoned by the Hirer in order for us to realise possession of the Trailer.
Just Cruzin Camper Trailer Hire will tentatively book over the phone and hold that booking for a period of 48 hours. A holding deposit will be required within 48 hours by way of bank cheque or bank deposit. Should such deposit not be received, the Owner may then be at liberty to cancel the booking without any further notice to the Hirer and hire the Trailer to another Hirer. Such booking fee to be $100.
a. The Hirer will pay at least a $500 cash Security Bond at the commencement of the hiring, this sum includes a $25 key deposit bond. Security Deposit may be increased depending on destination and length of hire. (POA)
b. The Owner will be entitled to deduct from the Security Bond all amounts necessary as a result of any loss and/or damage sustained to the Trailer or to any property or person occurring from the commencement of hiring until the Trailer is returned to the Place of Hire. Minimum charge of $100 applies to return of uncleaned camper. Unauthorized late return will incur a late charge of $100 per day, which will be deducted from the security bond.
c. The Bond will be refunded within 7 days from the time the equipment has been returned and checked.
a. The Hirer will pay the balance of hire fees and security deposit, 7 days prior to the commencement of the hiring, and at the rates indicated in this Agreement.
b. The Hirer will pay any additional hire charges upon demand by the Owner.
A cancellation fee is payable by the hirer if the booking is cancelled prior to the commencement of the period of hire.
a. more than 28 days from the commencement of hire, the deposit will be fully refunded.
b. less than 27 days from the commencement of hire, the deposit is non-refundable.
a. In the event of a claim being made against Just Cruzin Camping Trailer Hire's insurer the hirer agrees to pay the excess. If necessary such monies being deducted from the hirer's security deposit.
The Hirer will indemnify the Owner in respect of all loss and/or damage howsoever caused or sustained arising out of the hire of the Trailer by the Hirer.
a. The Owner gives no warrantee except those, which are implied by the Trade Practices Act 1974 or any other Law as to the condition of the Trailer. Where those laws permit the Owner to limit liability for breach of an implied condition or warranty the Owner limits liability replacement repair or resupply and the Owner is not liable for any direct of consequential loss or damage arising out of the rental of the Trailer to the Hirer.
b. The Owner is not liable to any person and the Hirer indemnifies the Owner for any loss or damage to any property stolen from the Trailer or otherwise lost during the hire of the Trailer or any property left in the Trailer after its return to the Owner.
c. Before removing the Trailer from the Place of Hire, the Hirer shall examine the Trailer and satisfy himself/herself as to the quality and fitness for the purpose of the Hirer. The Hirer acknowledges that the Hirer in no was relies upon the skill or judgement or any representations made on or behalf of the Owner in respect to the Trailer.
d. The Owner is not liable to any person and the Hirer indemnifies the Owner for any loss or damages caused by or to the vehicle used in conjunction with the Trailer.
Where use of the Trailer by the Hirer results in any claim, accident, loss and/or damage, the Hirer:
a. Will report such incident to the Owner as soon as possible by telephone, and supply full details in writing to the Owners satisfaction within twenty four (24) hours after the event;
b. Will not, without the written consent of the Owner make or give any offer, promise or payment, settlement waiver, release, indemnity or admission of liability;
c. Shall permit the Owner or its Insurer at the cost of the Hirer to bring defend, enforce or settle any legal proceedings against third parties. d. Will complete and furnish to the Owner within a reasonable time any settlements, information or assistance which the Owner or its Insurer may reasonably require, including attending at Lawyer’s offices and at Court to give evidence;
e. Will report such incident to police as is required by law and/or at the direction of the Owner;
f. Hirer shall at the request and cost of the Owner do and concur in doing and permitting to be done in the name of the Hirer or any person on whose behalf Hirer has entered into the within Agreement all things are necessary or reasonably required by the Owner for the purpose of enforcing any rights, or obtaining relief or indemnity from other parties in respect of any loss or damage to or in connection with the Trailer.
a. All monies payable by the Owner of Hirer arising out of the use of the Trailer or which may be imposed on the Owner or the Hirer by any government or other authority.
b. All monies for which the Hirer is liable to the Owner under this Agreement in respect of damage, loss or otherwise;
c. All monies paid by the Owner to recover the Trailer and to return the Trailer to the Owner at the Place of Hire;
d. All legal debt collection costs or other agency costs incurred by the Owner in recovering any outstanding monies from the Hirer.
e. Interest on all monies payable but unpaid at the rate of 15% per annum from the date upon which these monies fell due.