Part B – Terms and Conditions

Thank you for choosing our private Motorhome. I’m delighted to be part in making your holiday a wonderful experience. Prior to signing the Agreement, it is important that You carefully read and agree to the following terms and conditions.
1. Definitions
a. ‘Agreement’ includes the Motorhome Rental Agreement Part A and these Part B Terms and Conditions.
b. ‘You’ means the person or persons nominated as the renter(s) in Motorhome Rental Agreement Part A.
c. ‘Owner’ means the Owner as nominated in Motorhome Rental Agreement Part A.
d. ‘Vehicle’ means the motorhome identified in Motorhome Rental Agreement Part A and includes tyres, tools, accessories, camping accessories, utensils, and all other equipment, documents, or additional hire items related to the Vehicle.
e. ‘Rental Period’ means the hire period or any agreed variation thereof and any additional period during which the Vehicle is in Your possession or control.
f. Rental duration. Rental days are calculated on a calendar day basis. When calculating the number of days the Vehicle is rented, the day of pick-up is counted as day one of the rental, regardless of pick-up time. The day of the Vehicle’s return is counted as the final day of the rental so long as the Vehicle is returned before 5pm. Return of the Vehicle after 5pm counts as an additional rental day.
2. Mechanical Breakdowns, Repairs and service
a. General
The Vehicle is enrolled for NRMA Premium Care – Australia Wide 24/7 Emergency Roadside Assistance. In the case of a Vehicle breakdown You should contact NRMA (phone: 1300 772 273), quote the Owner’s membership number, request and use NRMA assistance to the extent covered by the membership. Please refer to NRMA Premium Care for details.
All repairs or services which are required and which exceed or are outside the scope of the NRMA Premium Care should be reported to the Owner for approval. When such a repair or service is approved by the Owner, You agree to contact a locally available licensed repairer/service station and arrange and ensure that the repair or service is performed.
The Owner agrees to reimburse You for the cost of approved repair or service provided that:
• the damage is not caused by You; and
• You provide a clearly explained repair/service report and receipt for the repair.
You agree that the Owner is not responsible for any accommodation charges, meals, change of itinerary or out of pocket expenses resulting from a breakdown of the Vehicle.
b. Maintenance and Replacement of tyres
You agree to maintain tyre pressure as per the Vehicle manufacturer’s manual. Unless damage is caused by normal wear and tear, You are responsible for replacing damaged tyres (for example: blowouts, punctures, sidewall damage, tyre staking, etc.). If the cause of the tyre damage is normal wear and tear, You shall contact the Owner and obtain Owner’s approval before tyre replacement. You are to purchase only new steel radial tyres of the same type, size and ply rating as those that are on the Vehicle. If You put on tyres of a different type, size or ply rating the Owner may refuse to reimburse the incurred costs.
c. Windscreen
You shall obtain the Owner’s authorization before replacing the windscreen or the Owner may refuse to reimburse you for the cost of windscreen replacement.
d. Home and accessories
You agree to maintain home and accessories in good operating order. These include but are not limited to the: cooktop, stove and grill, fridge, microwave oven, air-conditioner, water pump, shower, toilet, awnings, camping kit items, entertainment equipment (television, radios, music and video players). Failure of any of home feature or accessories during the rental period does not entitle You to any rental refund.
You agree to maintain the Vehicle clean free of any insect infestation such as but not limited to ants, flies, cockroaches, fleas, bedbugs or mosquitoes.
3. Accidents
The Vehicle is covered by Motorhome Insurance policy and has two main types of cover: Comprehensive and Third party legal liability. In general, this policy provide cover from accidental loss or damage to the Vehicle and Third Party Liability while it is rented/hired out to You.
It is Your responsibility to comply with all Motorhome Insurance requirement to keep the insurance cover valid. The policy Product Disclosure Statement (PDS) is available at the Insurer’s website .

In summary in the event of an accident, You shall take the steps required by the insurer and listed as follows:
a. Do not admit liability and avoid any discussions with witnesses or any other party involved in the accident about who was responsible.
b. Obtain, record and supply the Owner/Insurer with details of other parties involved:
i. Name(s), current address(s) and driving license number(s) of the other party driver(s).
ii. Make, model, registration and insurance company name(s) of the other party Vehicle(s)
iii. Details of any injuries, and
iv. The name(s), and address(s) of any witness(s).
v. Time, date and location of the accident.
Where other property is damaged, we need you to supply the following details:
vi. Name and postal address of the Owner of the damaged property,
vii. The address of the damaged property, along with a description of the damage to their property, and
viii. The name(s), and address(s) of any witness(s).
ix. Notify the Owner within 24 hours of the accident and provide details of the accident.
c. Contact the police. The police will need to be contacted immediately and may attend the accident if:
i. There are injuries as a result of the accident, or
ii. Any driver involved is under the influence of alcohol or any drugs.
In any event, the police must be contacted for all losses involving malicious damage, theft or attempted theft of the Vehicle or its content within 24 hours of the incident. If in doubt, call the police. The insurer may require a written statement from the police confirming that the event was reported.
You or the driver at the time of accident must not refuse alcohol or drug test when requested by the police. Such a refusal may render the driver in breach of this Agreement.
d. You must provide the Owner/Insurer with all above information about the accident to enable the Owner to lodge a claim with insurance company. Other information required may include where applicable:
i. Medical reports’
ii. Accounts and receipts, and
iii. Any other information they may require before paying Your claim.

When accident claim is accepted by the insurer You remain responsible to pay for:
• All administrative costs associated with the accident and incurred by the Owner when you are found not to be at fault of the accident; and
• All administrative costs associated with the accident and incurred by the Owner and for the insurance policy excess fee of $,1000 when you are found to be at fault of the accident. 
The Owner reserves the right to charge You for any Vehicle damage including Third Party property damage that are not reported on return of the Vehicle and not covered by the insurance.
There will be no refund of monies paid for the unused portion of the Rental Period.
The Owner is not responsible for any accommodation charges, meals, change of itinerary or out of pocket expenses resulting from a breakdown of the Vehicle resulting from an accident.
Accident – Secure Motorhome Insurance Additional Benefits
For full list and details please refer to Secure Motorhome Insurance .
4. Vehicle Condition and Return
a. You acknowledge that You received the Vehicle in good operating condition, except as noted in the Vehicle Condition Report on the Vehicle pick-up date. You agree to return the Vehicle without alteration or addition to the Vehicle and in the same condition (except for ordinary wear and tear) to the Return Location and on the Return Date specified in Motorhome Rental Agreement Part A.
b. You acknowledge that the Vehicle is the sole property of the Owner and that at the time of receipt of the Vehicle it was in good running condition and fit for purpose.
c. You acknowledge that the only existing damage to the Vehicle at the commencement of this Agreement as that detailed in the Vehicle Condition Report.
d. The Owner in his absolute discretion and may take possession of the Vehicle without prior demand to You, and at Your expense, if there has been a breach of any term of this Agreement or if the Vehicle is used in violation of any law or is apparently abandoned. In such circumstances the Owner, his representative or agents may enter on any property where the Vehicle is situated and You will indemnify the Owner, his representatives and agents from claims made by any person resulting from such entry and retaking of the Vehicle.
e. If You fail to return the Vehicle to the Return Location, You will be charged for all costs associated with transporting or towing the Vehicle to the Return Location plus a minimum relocation charge of $1,000 unless otherwise agreed by the Owner in writing.
f. To fill the fuel tank You must only fuel specified by the manufacturer of the Vehicle. All remedial costs associated with filling the tank with inappropriate fuel or water will be at Your sole expense.
g. The Owner must be notified and agree to any extension of the Rental Period beyond that is specified in Motorhome Rental Agreement prior to the return date, otherwise the Vehicle will be reported to the police as stolen.
5. Unauthorized and Prohibited Use of the Vehicle
a. Persons who must not drive the Vehicle:
i. A person who is not identified in Rental Vehicle Agreement as either the Renter or an authorized driver.
ii. A person who is not licensed for that class of Vehicle.
iii. A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle.
iv. A person while under the influence of a drug.
v. A person who has given or for whom You have given a false name, age, address or driver’s license details.
vi. A person, whose driver’s license has been cancelled, endorsed or suspended within the last two years.
vii. A person who has held a full open driver’s license for less than two years.
viii. A person under 21 years of age.
ix. A person who uses or intends to use the Vehicle for any illegal purpose.
b. Circumstances where the Vehicle must not be used:
i. Carrying persons for hire, gain or reward, or to carry any inflammable, explosive or corrosive materials.
ii. Pushing or towing any vehicle, trailer, boat or other object unless authorized by the Owner in writing.
iii. Carrying load greater than the purpose for which the Vehicle is designed and constructed.
iv. Using the Vehicle for racing, pace-making, reliability trials, speed trials, hill climbing or being tested in preparation for those activities.
v. Using the Vehicle in a dangerous, willful or reckless manner.
vi. Using the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
vii. Carrying any animal in the Vehicle, unless authorized in writing by the Owner.
viii. Carrying illegal substances or product.
ix. Vehicle is not to be used for commercial use or financial gain.
6. Travel Restrictions
The Vehicle should not be driven on any unsealed roads. The only exceptions are well maintained access roads less than 12 kilometers long and leading to recognized campgrounds. All costs associated with travelling on other unsealed roads will be your sole responsibility.
7. Financial Responsibilities
You and any additional authorized driver are jointly and individually responsible for compliance with the terms of this Agreement. By entering into this Agreement You and any additional authorized driver/s are responsible to pay to the Owner at the Owner’s demand for the following charges.
a. The rental charges as specified in Motorhome Rental Agreement.
b. All charges claimed from the Owner for toll, parking and/or any other traffic violations incurred during the Rental Period or while the Vehicle was in Your possession. And an additional administration fee of $45 per fine/infringement to cover the costs of processing.
c. All loss of or damage to the Vehicle, including the loss of use of that Vehicle at $140 per day for Ovation or $70 for Discovery, legal expenses, our administrative costs at $200 per hour, assessment fees, towing and recovery costs, third party damage, storage and other charges incurred by the Owner during the Rental Period or while the Vehicle was in Your possession where that loss or damage is not covered by Secure Motorhome Insurance or where You have breached any term of this Agreement. These include but are not limited to:
i. loss or damage caused by Your malicious action or someone who is using the Vehicle with Your consent;
ii. Repairs done without first getting insurer’s written consent other than emergency repair;
iii. loss or damage not caused by an event You are claiming for;
iv. loss or damage caused by submersion in water or contact with salt water (like that caused by: beach driving, river/creek crossing, driving through flooded areas, etc.);
v. loss or damage to the interior of the Vehicle regardless of cause except when damage was evidently caused by normal wear or by a road accident;
vi. loss or damage to home accessories (as described in 2.d above) other than caused by normal wear and tear or by a road accident;
vii. The tyres of the Vehicle are damaged other than by normal wear and tear;
viii. loss or damage caused by failing to protect the Vehicle after it:
• breaks down, or
• is damaged in an accident, or
• is stolen and later found.
ix. loss or damage caused by You failing to maintain all fluids levels of the Vehicle or failing to immediately rectify or report to the Owner any defect in the Vehicle of which You became or ought to have become aware;
x. loss or damage caused by Your willful or reckless misconduct;
All payments are to be made in cash, bank checks and EFT payments including PayPal.
8. Bond
Vehicle rental charges include Bond of $2,500. The Bond will be used to cover unpaid rent, traffic infringements, loss or damage to the vehicle or equipment that occur during the Rental Period and is not covered by the Vehicle insurer, administrative costs and/or other provisions including loss of income. The Bond will be collected on the Vehicle pick-up date. Payment of Bond can only be made in cash, by EFT (electronic fund transfer) including PayPal or a bank cheque.
The bond will be returned to You in full provided that: the Vehicle is returned on time and to the return location, undamaged and in substantially the same condition as on the pick-up day and that there are no addition payments required.
9. General Provisions
a. Immediately upon receipt, You must provide the Owner with every summons, complaint or paper in relation to any accident or loss involving the Vehicle.
b. The Owner gives no express warranties in relation to the Vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where the Owner is permitted to limit his liability under those statutes for breach of any implied condition or warranty, the Owner limits his liability to repair of the Vehicle. All warranties, conditions and other obligations which may otherwise be implied are expressly excluded by this Agreement in their entirety. The Owner is not liable to You or any other person for any indirect, special, incidental or consequential loss relating to this Agreement. The Owner’s liability is limited to a refund of the rental charge in the case of mechanical failure (unless the failure is caused by You) for the period of when Vehicle is in workshop for more than 24 hour during the Rental Period.
c. No right of the Owner under this Agreement can be waived except by writing and signed by the Owner.
d. You agree not to part with possession, dispose of, encumber or assign any right or interest in the Vehicle and not create any lien on the Vehicle for repairs.
e. You acknowledge that the Owner has not in any way represented himself to You as an entity carrying on the business of insurance, nor has the Owner made any recommendations to You, or gave You any opinion or guidance in relation to any insurance product.
10. Cleaning
The Vehicle must be returned clean in and out matching that at pick-up or You may be charged a cleaning fee up to $500. The toilet cassette and the waste water tank must both be returned empty or a $100 cleaning fee may be charged to You in respect to each tank. The fresh water tank shall be returned full or $100 may be charged to you for filling the tank. The Vehicle must be completely free of mud and insects. Smoking is not permitted in the Vehicle or a cleaning & deodorizing process will be necessary at a charge of $300 to You.
11. Late pick-up or early return or cancellation
Late pick-up, early return of the Vehicle or cancellation before the pick up day does not entitle You to any refund of unused portion of the rental fee. Booking deposits are not refundable. 
12. Rental extension
If You wish to extend the Rental Period whilst on hire, You must first obtain authorisation from the Owner. This is subject to availability. The extra cost of an extended rental must be paid by electronic fund transfer on confirmation of the rental extension. Failure to obtain an authorisation for rental extension will result in charges of double the daily rental rate for each day until the Vehicle is returned.
13. Prohibited rental extension
Where the owner has advised You that rental extension is not available and if You do not return the Vehicle by the return date, a charge of double the daily rental rate for each day until the Vehicle is returned, plus an additional penalty of $1500 for Ovation or $1,000 for Discovery applies.