Terms & Conditions

You must read and abide by these Terms and Conditions. Should you have any questions about these Terms and Conditions please contact us for clarification.

DEFINITIONS

“This Agreement” means the Hire Agreement and these Terms and Conditions.

“Customer” means the person/persons nominated as the hirer and any person whose credit/debit card is presented for payment of the Customer’s charges.

“Family Caravan Hire Brisbane” means Trustee for Magnussen Group Pty Ltd Trust ABN: 76 608 013 636

“FCHB” means Family Caravan Hire Brisbane

“Hire Period’” means the period, or any agreed variation thereof, and any additional period during which the Caravan is in the Customer’s possession/control.

“Caravan” means the caravan hired by the Customer from FCHB and includes tyres, specified accessories, and all other equipment, documents, or additional hire items related to the caravan and any replacement or substitute caravan that may be provided.

1.RATES AND CONDITIONS

1.Rates and Conditions are subject to change without notice. However, subject to changes in legislation or errors, we will not alter rates or conditions applicable to your hire once your booking has been confirmed. Any booking amendments will result in the rate booked being recalculated at the hire rate applicable on the date of amendment. All prices are quoted and payable in Australian Dollars (AU$) and include GST.

2.CARAVAN HIRE CHARGE

1.The Customer is liable for the following payments:

1.1.A hire deposit – 40% of the total hire charge or $300 (whichever is greater) – payable upon execution of this agreement

1.2.The balance of the hire charge due forty five (45) days prior to the commencement of the hire. If not received by the due date, the hire deposit is forfeited

3.SECURITY DEPOSIT

1.At pick-up time, the Customer is required to lodge a Security Deposit using a Customer’s credit card. The Customer authorises FCHB to deduct from the Security Deposit any amounts owed to FCHB arising out of this agreement.

2.The Security Deposit is $2,000. An amount of $1,000 will be debited immediately with the remaining funds debited if the Caravan is damaged. The Customers credit card details will be taken and debited from for the outstanding balance of the Security Deposit.

3.The Security Deposit is fully refundable provided the Caravan is returned on time, to the correct location, undamaged, and all prescribed conditions in this agreement are met.

4.HIRE DURATION

1.Hire days are a calendar day. For the purpose of the hire period, the pick-up day is counted as the first day, regardless of pick-up time. The return day is counted as the final day, regardless of drop-off time. Late pick-up of the Caravan does not entitle the Customer to any refund unless with the prior agreement of FCHB. Minimum hire periods are subject to change, and any such change will be notified to the Customer prior to booking confirmation.

2.The minimum hire period is 4 days, except for collection dates between 1 December and 31 January inclusive, and hires over all other gazetted Queensland school holiday periods when the minimum hire is 14 days.

5.PERSONAL AND COMPANY CHEQUES

1.Personal and Company cheques will not be accepted as payment for hire.

6.DELIVERY AND RETURN OF CARAVAN

1.The Customer acknowledges that:

1.1.The Caravan was delivered in a clean condition and with two (2) full LPG bottles

1.2.The Customer must return the Caravan in a correspondingly clean condition with two (2) full LPG bottles (subject to any gas refill option being taken) on the return date, at the time and location stated in the Hire Agreement. Failure to comply will invoke a cleaning fee and/or gas refill fee as indicated in Schedule 1 – Fees

1.3.If the Caravan is returned with soiling to internal fittings and/or contents that requires cleaning over and above that normally expected with reasonable usage, the customer will incur a soiling fee as indicated in Schedule 1 – Fees. Soiling includes, but is not limited to, smoking related cleaning, pet- related cleaning, ingrained stains on bed linen, upholstery, walls, floors, work surfaces, hardened grease in ovens and cooktops, toilet related cleaning where the toilet has been misused and overflows occur

1.4.If a generator forms part of the hire, it shall be returned with a full tank of the specified fuel. Failure to do so will incur a generator refuelling fee as indicated in Schedule 1 – Fees

1.5.FCHB will reasonably determine what, if any, refund may be warranted if the Caravan is returned or the Customer ceases to have the use of the Caravan prior to the return date

1.6.All Caravans are to be collected from/returned to the FCHB depot unless otherwise arranged

1.7.FCHB is open Monday to Friday (8:30am-5:00pm) and Saturday (8am -12pm). FCHB is closed Sundays and all Qld Public Holidays. FCHB requests that Customers collecting/returning their Caravan arrive a minimum of two (2) hours before scheduled closing times to ensure adequate time to complete the required paperwork/inspections/briefing

1.8.If the Customer needs to return the Caravan out of business hours, prior approval from FCHB is required. An approved late return will incur a late return fee as indicated in Schedule 1 – Fees.

7.HIRE EXTENSIONS

1.If the Customer wishes to extend the hire period during the nominal hire period, prior authorisation from FCHB is required. This is subject to availability. The cost of any extended hire must be paid by credit card immediately on confirmation of the hire extension. The daily hire rate for any extension will be the current daily rate applicable on the day the extension is approved. Failure to obtain authorisation for a hire extension will incur a non-approved hire extension fee as detailed in Schedule 1 – Fees.

8.TOWING WITH A PRIVATE VEHICLE

1.If the Caravan is to be towed by a private vehicle during the hire, that vehicle shall tow the Caravan for the duration of the hire period and shall be the same vehicle used to collect the Caravan from the FCHB depot. The vehicle must be comprehensively insured and registered at the commencement of, and for the duration of, the hire. Proof of both requirements is required upon Caravan collection. Failure to prove compliance will result in rental refusal. Please note the weight (tare and tow ball weights) of the Caravan and ensure the towing vehicle has the capability to safely and legally tow the Caravan. The hire will be refused if compliance is not evident to the FCHB representative. In the event of hire refusal, full cancellation costs will apply and the Customer will not be given any refund.

9.TOWING VEHICLE DRIVER REQUIREMENTS

1.Tow vehicle drivers must be nominated and each must hold a full (non-probationary) Australian Driver’s Licence which must be presented at the time of hire. Licences must remain valid for the duration of the hire period and the holder must confirm that his/her licence has not been cancelled or suspended. Towing vehicle drivers must be aged between 25 and 70 years of age.

10.USE OF CARAVAN

1.The Customer shall not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, rehire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Caravan. FCHB retains title to the Caravan at all times.

2.The Customer agrees that the Caravan will not be:

2.1.Towed in any way other than in a sensible, cautious and lawful manner

2.2.Towed by other than the nominated tow vehicle

2.3.Towed by a vehicle the driver of which is under the influence of illicit drugs, prescription medication or alcohol

2.4.Left unlocked while unoccupied

2.5.Used for any illegal purpose or in any race, rally or contest

2.6.Used to carry passengers or property for hire or reward

2.7.Used to berth more persons than is detailed in the caravan manual or on the caravan

2.8.Used to carry passengers while being towed;

2.9.Used to carry volatile liquids, gases (other than LPG bottles provided on caravan), explosives or other corrosive or inflammable material

2.10.Used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure hire

2.11.Used to carry/house animals

2.12.Altered/added to in any way

3.Travel restrictions apply as follows:

3.1.Caravans must not be towed on any unsealed road (being a road not sealed with a hard material such as tar, bitumen or concrete). The Customer is responsible for all damage if this restriction is disregarded

3.2.Caravans may be towed at very low speed for short distances along unsealed roads for the purpose of parking/manoeuvring the Caravan within the confines of a camping area/caravan park/National Park

3.3.Caravans are not to be towed on a beach or through salt water

3.4.Caravans are not to be towed through creeks, rivers or flooded areas or otherwise subjected to immersion in water

3.5.Caravans are not permitted above the snowline

3.6.If the Caravan has to be recovered from any restricted location, a towing and recovery fee will be applied as indicated in Schedule 1 – Fees

4.For safety purposes, FCHB reserves the right to:

4.1.Periodically track the Caravan using GPS

4.2.Restrict Caravan movements in certain areas due to adverse road/weather conditions or due to the distances to nominated destinations in relation to the length of the hire period. FCHB will advise you on pick-up of any travel restrictions known at the time

5.Where FCHB mandates a change in drop-off location, no additional fees will apply.

11.MAINTENANCE AND REPAIRS

1.During the hire, the Customer must take all reasonable steps to properly maintain the Caravan by performing daily pre-tow checks including, but not limited to, ensuring the awning is securely stowed, wheel nuts are present and tight, tyres are properly inflated, all lights and indicators work, all loose items inside the Caravan are secured, the safety chains are securely attached and the breakaway braking controller is connected.

2.FCHB must approve any requested repairs in advance. Repairs will be approved and reimbursement, where applicable, will be granted provided the Customer was not responsible for the damage. In all cases, GST receipts made out to FCHB must be submitted for any repair or the claim will not be paid.

3.The Customer will pay for the cost of repairing or replacing tyres damaged during the Hire Period except if the tyre is defective and is returned by the Customer to FCHB for inspection and is subject to a warranty claim on the manufacturer.

4.Any problems associated with the Caravan, including equipment failure, must be reported to FCHB within 24 hours in order to give FCHB the opportunity to rectify the problem during the hire. Failure to do so may compromise any claims for compensation.

12.CARAVAN AVAILABILITY

1.FCHB will endeavour to supply the Caravan selected, however, should the Caravan booked be unavailable through unforeseen circumstances, FCHB reserve the right to substitute an alternative Caravan without prior notification. The alternative Caravan shall be as close a substitute for the booked Caravan as possible. FCHB will reasonably determine what, if any, refund may be warranted if a Caravan substitution is required.

13.LIMIT OF LIABILITY

1.In the event of no alternative Caravan being available, our liability is limited to a refund of the hire charge or in the case of mechanical failure (unless caused by the Customer) the remainder of the hire period.

14.FOR YOUR PROTECTION – INSURANCE

1.Personal Injury is covered in most cases through Registration Third Party Insurance. However, we strongly recommend that the Customer takes out Personal Travel Insurance. FCHB does not accept any liability for personal injuries and/or loss of personal items sustained during the hire.

15.DAMAGE AND LIABILITY

1.The Customer understands that:

1.1.The Caravan is insured for Third Party Caravan and property damage

1.2.FCHB carries a standard insurance excess of $5000 for each and every accident/liability/third party property claim against the policy and this will be charged to the Customer’s account in the event of a claim arising from the hire

1.3.The $5000 Excess is applicable regardless of who is at fault and must be paid at the time the accident is reported, not at the completion of the hire. The Caravan Security Deposit will be refunded only if FCHB are successful in recovering the cost of the damages from the Third Party

1.4.The insurance excess can be reduced to $1500 by paying an insurance excess reduction fee as indicated in Schedule 1 – Fees

1.5.All excess payments are payable to directly to FCHB

1.6.The Customer is liable for a $500 damage excess per incident in respect to any minor repairable damage that will not be the subject of an insurance claim, incurred whilst the Caravan is in the customer’s possession

1.7.Damage includes any and all damage to Third Party property, damage to the rented Caravan including windows, tyres, towing and recovery costs, theft, fire, break-in or vandalism. This also includes the cost of the daily hire rate for the period the Caravan(s) is being repaired

2.The Customer acknowledges that they are solely responsible for all costs for the following and that the Customer remains fully liable for all costs incurred:

2.1.For any damage due to misuse of the Caravan

2.2.For any damage caused by:

2.2.1.Wilful misconduct, e.g. sitting or standing on the roof of the Caravan

2.2.2.A towing vehicle being driven by a driver under the influence of alcohol or drugs

2.2.3.Negligence resulting in damage to the hired Caravan or Third Party property

2.3.For any damage caused if the Customer is deemed by local authorities to have been careless, negligent or wilful in failing to abide by the local road rules

2.4.For any overhead and underbody damage to the Caravan

2.5.For any damage caused to the Caravan because the total load (kg) has exceeded the recommended load as stated in the Caravan manual

2.6.For any damage to the awning affixed to the caravan

2.7.For any damage to the Caravan interior caused by movement of any hard items like esky’s, boxes etc.

2.8.For any damage to tyres and rims outside of normal wear and tear

2.9.For any damage due to incorrect un-hitching or hitching of the caravan

2.10.For the retrieval/recovery of the Caravan if it has become bogged, submerged, caught, trapped, stuck or restricted in anyway and/or has been abandoned

2.11.The cost to replace keys which are lost/stolen, or retrieval of keys which have been locked in the Caravan

16.PROCEDURES IN CASE OF ACCIDENT AND/OR THEFT/MALICIOUS DAMAGE

1.If the Customer is involved in a motor vehicle accident involving the Caravan during the hire, the Customer must:

1.1.Obtain the names, addresses, telephone numbers and driver’s licence details of any other drivers and the names, addresses and telephone numbers of any witnesses

1.2.Report the accident to police, regardless of the estimated damage costs

1.3.Not make any admissions of liability

1.4.If possible, photograph damage to all vehicles including the Caravan, record make, model, colour and registration numbers of any vehicles involved and record location details of the accident including the positions of the vehicles involved

1.5.Take the necessary steps to ensure that the Caravan is secure and safe from further damage

1.6.Phone the FCHB depot with the accident’s details as soon as possible

1.7.Hand over a copy of the police report (if applicable) and all supporting photographs to FCHB

1.8.Agree to provide all reasonable assistance to FCHB in handling any insurance claim including providing all relevant information and attending Court, if required, to provide evidence

2.If the Caravan is stolen or maliciously damaged during the hire period it must be reported to the police. FCHB must be notified by phone as soon as possible after the event.

17.RELEASE AND INDEMNITY OF FCHB

1.The Customer releases FCHB, its employees and agents, from any liability to the Customer (regardless of who is at fault), for any loss or damage incurred by the Customer by reason of hire, possession or use of the Caravan.

2.The Customer hereby indemnifies and shall keep indemnified FCHB, its employees and agents, against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of the Customers use and/or possession of the Caravan.

3.Any indemnity required of the Customer shall not operate to indemnify FCHB in respect of any negligent act by FCHB.

4.Nothing contained in these terms and conditions shall exclude any express or implied conditions, warranties or requirements that cannot be so excluded under the Trade Practices Act or any other corresponding State legislation that may be applicable.

18.TOLL AND TRAFFIC OFFENCES

1.FCHB reserves the right to submit a statutory declaration to the issuing authority and/or charge the Customer for any speeding, toll way, parking or other traffic offence incurred by the hirer during the hire period. This will incur a toll and traffic offences administration fee as indicated in Schedule 1 – Fees.

19.CREDIT AND DEBIT CARD PAYMENT

1.For a credit or debit card presented as payment, the card holder will be jointly and severally liable as a Customer.

2.Visa and MasterCard will be accepted. A 3% administration fee will apply to all transactions. Credit and debit card administration fees also apply to debited Security Deposits. All transactions under this Agreement are conducted in Australian dollars (AU$).

3.When payment is made by credit or debit card, the Customer agrees that:

3.1.FCHB is irrevocably authorised to complete any documentation and to take any other action to recover from the Customer’s credit or debit card issuer all amounts due by the Customer pursuant to this Agreement, including, but not limited to, any amounts due in respect of damage to the Caravan or to property of a Third Party and all other additional charges as they are incurred including all parking and traffic infringement penalties, road toll fines and associated administration costs

3.2.The Customer will not dispute his/her liability to FCHB for any amount properly due under this Agreement and the Customer shall indemnify and keep indemnified FCHB against any loss incurred (including legal costs) by reason of notifying the Customer’s credit or debit card issuer of such dispute

3.3.In the event that FCHB elect to accept payment of the Security Deposit by holding a signed and authorised open or debit credit card voucher which is returned to the Customer at the completion of the Hire Period, the Customer agrees that FCHB is entitled to recover payment from the Customer’s credit or debit card issuer in respect of any amounts due which were not known at the time of return of the voucher

3.4.FCHB may process credit or debit card charges pertaining to the hire after the hire period

20.TERMINATING THE AGREEMENT AND REPOSSESSING THE CARAVAN

1.The Customer acknowledges that FCHB may refuse any hire, terminate this Agreement and/or repossess the Caravan (and for that purpose enter upon any premises and remove the Caravan) at any time, without notification to the Customer, and that the Customer will pay the reasonable costs of repossessing the Caravan, including towing charges if:

1.1.The Customer is in breach of any material term of this Agreement

1.2.The Customer has obtained the Caravan through fraud or misrepresentation

1.3.The Caravan appears to be abandoned

1.4.The Caravan is not returned on the agreed return date or FCHB reasonably believe that the Caravan will not be returned on the agreed return date

1.5.FCHB considers, on reasonable grounds, that the safety of the passengers or the condition of the Caravan is endangered

2.The Customer understands that in the event of such termination or repossession, the Customer has no right to a refund of any part of the hire charges or the Caravan Security Deposit.

21.CANCELLATIONS

1.If the travel dates for a booking are amended within the cancellation fee period to be outside of the cancellation fee period and is subsequently cancelled, the cancellation fee for the original booking will apply. Cancellation fees apply as follows:

1.1.More than 30 days prior to pick-up date:20% of the full hire charges.

1.2.7-29 days of pick-up date:50% of the full hire charges.

1.3.1-6 days prior to pick-up date:75% of full hire charges.

1.4.Cancelled on the day of pick-up or no show:No refund

1.5.Returned early for any reason whatsoever:No refund

22.FORCE MAJEURE

1.The Customer agrees that FCHB will not be liable for failing to perform its obligations under this agreement as long as the failure is triggered by something beyond its reasonable control. For any avoidance of doubt, force majeure includes but is not limited to the following:

1.1.Natural disasters or unforeseen events

1.2.Riots

1.3.Civil unrest

1.4.Mechanical failure or breakdown

1.5.Acts of other hirers

2.FCHB will not be liable for any loss, damage, stress or inconvenience suffered arising out of such a failure.

23.SCHEDULE 1 – FEES

The following fees will be applicable for failures to comply with the respective provisions of this agreement:

Agreed late return – $100 plus 1 day at the current hire rate

Cleaning – $120

Gas bottle refill – $20 per 9kg bottle

Generator refuelling – $60 plus a fuel charge of $2 per litre.

Insurance excess reduction – $20 per day

Non-approved hire extension – $200 plus the current daily hire rate for each day until returned

Soiling – $250

Toilet cassette emptying – $125

Toll and traffic offences administration – $60 per offence

Towing and recovery – up to $7500 per recovery

The signed (1) Terms and Conditions, (2) Booking Request Form and (3) Hire Agreement constitute the entire agreement of the parties and there are no other oral undertakings, warranties or agreements between the parties relating to the subject matter of this Agreement

This Agreement is governed by the laws in the state of Queensland.