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UTOW CARAVANS

Hire Terms & Conditions

 

Effective July 2021

 

Background           

The Owner has agreed to rent the Recreational Vehicle to The Hirer and The Hirer has agreed to accept the rental on the Terms and Conditions contained in this Agreement

 

All contracts have some legal terms and We ask that You take your time to read these Terms and Conditions before commencing your Hire as We want You to fully understand your rights and obligations. When You read these Terms and Conditions, You will see that there are a number of terms that occur regularly throughout this document. 

 

DEFINITIONS:

The following definitions apply for the Terms and Conditions for Natry Pty Ltd ATF The Natry Trust.

 

  • Natry Pty Ltd ATF The Natry Trust is referred to as “Utow Caravans”, “We”, “Our”, “Us” and “The Supplier”.
  • The person whose details are contained under “The Hirer” details on the Hire agreement is referred to as “I”, “Me”, “My”, “They”, “The Hirer”, “The Renter”, “You” and “The Client”.
  • “Approved Driver” refers to a driver who complies with and satisfies any limitations, restrictions or conditions imposed by Us under the hire agreement.
  • “Item”, “Item/s” refers to the caravan or camper Hired to You and includes any and all additional Item or Item/s provided therewith including portable clip-on towing mirrors and any other equipment provided to You by Us for use as part of the Hire.
  • “Period of hire” refers to the period commencing the collection of the caravan or camper by The Hirer and the return of the Item to the Utow Caravans business address.
  • “Towing Vehicle” refers to any vehicle used or proposed to be used in connection with or for the purpose of towing the caravan or camper Hired by You.

 

 

 

BOOKING DEPOSIT:

A 20% holding deposit or $200.00 (whichever is greater) is payable upon booking unless You are within 30 days of your commencement date, where the total Hire amount will be required to secure Your booking. Your deposit confirms your reservation for the Period of Hire and is subject to Our cancellation policy.

 

CANCELLATIONS:

The balance of any Hire is due 30 days prior to your departure date, cancellation fee’s apply as follows:

(a) If cancelled over 30 days prior to pick-up date: 10% of the full rental charges.

(b) If cancelled within 7-29 days of pick-up date: 50% of the full rental charges.

(c) If cancelled 1-6 days prior to pick-up date: 75% of full rental charges.

(d) If cancelled on the day of pick-up or no show: No refund available

 

If prior to commencing Your hire You need to cancel due to a Covid-19 lockdown/travel ban in the state of Victoria during your period of hire, We can offer You a refund of any monies paid – less a $50.00 admin and processing fee or a full credit of any monies paid – with no expiry. Should You choose/have chosen to travel interstate and are unable to travel into that state due to Covid-19 but are still able to travel in Victoria during your period of hire, Our normal cancellation terms will apply or We can offer You a full credit of any monies paid – with no expiry.

 

You should consider taking out travel insurance to cover any unforeseen circumstances, personal matters or illness that may cause you to cancel your Hire. It’s important to remember to do this as soon as you have paid for your trip.

 

SECURITY BOND:

A security bond of $1,000.00 is required for each caravan Hire agreement. This is not due before the day your Hire commences. The security bond will normally be refunded to You between 1 – 7 business days of the goods being returned. This time frame is subject to the goods being returned on time, clean, fully intact and undamaged. If there is any damage caused during the Hire period the $1000.00 security bond will be lodged as the Insurance excess and this is duly authorised by The Hirer. Please note that this excludes water damage or any damage caused through negligence or misuse. Any other liability that is in excess of the security bond held will be owing to Utow Caravans and must be paid by the Hirer/s immediately upon request. Our Insurance does not cover personal belongings and We recommend that customers wishing to insure personal belongings consider taking out personal travel Insurance.

 

INSURANCE EXCESS LIABLITY

Our Insurance policy has an excess amount of $1000.00. The Hirer will be responsible for the payment of the excess in respect of any damages, howsoever caused. In the event of damage to the Item/s that will be of cost lesser than the insurance excess Utow Caravans will provide, upon request a quote for repairs and this amount only will be deducted from the security bond.

For Our Insurance purposes a copy of the Hirer/s Australian drivers licence is required on pick up of caravan or camper

We recommend taking out your own personal travel insurance before your Hire begins to cover any of the above charges if necessary.

 

 

MAINTENANCE AND RESPONSIBILITY OF HIRERS:

Joint hirers and all renters of Utow Caravans caravans or campers are jointly and severally responsible under the hire agreement. The Hirer will be held responsible for any damage occasioned to the hired Item/s if They are used in a manner for which They were not intended to be used.

 

TERMS OF PAYMENT:

All payments will be made in Australia and in Australian Dollars only. No Foreign Currency is accepted. Confirmation of Hire and full payment of the Hire fee is required 30 days prior to the caravan or campers departure unless otherwise agreed in writing with management. Utow Caravans reserves the right to cancel the Hire agreement at any given time if Our Terms of Payment are not strictly adhered to by The Hirer.

 

CREDIT CARD TRANSACTIONS:

We strongly recommend that You bring an internationally accepted Credit Card.

We accept Bankcard, MasterCard, Visa and Amex. We impose a 2.0% surcharge on all AMEX, VISA and MASTERCARD credit or debit card transactions, which is not greater than Our cost of acceptance.

 

GST:

GST is included in Our hire rates.

 

WRITING AND CALCULATING ERRORS ON THE HIRE AGREEMENT:

The charges as set out herein are not final. Should a verbal, written and/or calculation error occur, the shortage of difference will be owing to Utow Caravans. In the case of an overpayment by You, You will receive payment from Utow Caravans up to a maximum amount of the overcharge.

 

PICK UP & RETURN:

Pick up and return of hired caravans is by appointment between the hours of 9.00am and 5.00pm, Monday to Friday and 9.00am and 12.00pm on Saturday’s.

*During busy periods pick-up times may be allocated.

Caravans or campers hired from Utow Caravans are to be returned to the Utow Caravans business address as set out in the hire agreement on the date and by the time as agreed upon. Late returns will attract further day’s hire fee. 

Where your late return of the Item/s causes a loss or cost to Us or to another hirer, We reserve the right to claim Our loss from You or to deduct Our loss and any associated costs from the security bond.

There will be an additional charge of $70.00 per hour (minimum 2 hours) for retrieval of the Hired Item/s if not returned to Utow Caravans business address on the agreed date.

The total market value of the hired Item/s may be charged if the Hired Item/s is not returned to the Utow Caravans business address as set out in the hire agreement.

 

DAILY HIRE CONDITIONS:

Utow Caravans calculates the hire of a caravan or camper on a daily calendar basis. That means that irrespective of what time it is picked up or returned the pickup day is counted as 1day rental and the return day as 1day rental. If You require the caravan or camper the night before this MUST be communicated as soon as practicable and possible and must be approved in writing by Our management. Picking up the caravan or camper the previous night before the agreed hire date will result in a 50% of the full days hire fee and only once that fee has been paid can the item be picked up anytime between 1.00pm and 4.30pm (no earlier or later).

Utow Caravans also offers a free return on the last day of hire so long as the caravan or camper is returned on or before 10.00am. This must also be communicated and agreed to in writing as a part of Your hire – prior to commencement.

 

ADDITIONAL DAYS:

Additional days for hire Item/s is at the discretion of Utow Caravans and relies entirely on future demand and availability. Any request for additional days hire MUST be communicated as soon as practicable and possible and must be approved in writing by Our management. Failure to obtain authorisation will result in a fee of $500.00 in addition to the daily hire rate deducted from your security bond including any forward carried loss to future hires that are affected and may also involve notification to the appropriate authorities.

 

HIRE DURATION CALCULATIONS:

The minimum number of days hire charges for caravans or campers is 3 days, i.e. Saturday 9 am to Monday 5 pm.

A minimum of 14 days hire duration is required during the Christmas period, 6 days at Easter, 4 days over public holidays. At other times caravans or campers may be hired for durations of 3 days to 2 months (longer with Utow Caravans approval) unless otherwise agreed and noted on the hire agreement.

 

ON SITE DELIVERY AND SET UP:

If You would like your caravan or camper set up at a particular location please make arrangements when booking. Charges will apply. Pick up may be arranged and will attract the same charges and conditions as on site delivery (minimum 2 hours each way will apply).

 

RENTERS/HIRERS LICENCES:

A current Australian or International driving licence is required for identification purposes when hiring with Utow Caravans. Caravans or campers must not under any circumstances be towed by any unlicenced driver. You and all drivers must hold a full unrestricted Drivers Licence and have held that Licence for not less than 2 years. Due to an increase in Insurance excess the minimum age for renters of Our caravans or campers is 25 years. Failing any of the above, the Insurance cover is deemed void and the total market value will be charged to The Hirer if the unit is damaged.

 

INTERNATIONAL VISITORS:

International tourists/visitors must provide a $3000.00 cash security bond and this must be paid prior to the Period of Hire. A driving licence and a copy of the current passport must also be provided. Failing this, the Insurance cover is deemed void and the total market value will be charged to The Hirer if the unit is damaged.

 

 

VEHICLE COMPATABILITY:

It is The Hirer’s responsibility to ensure the Towing Vehicle’s compatibility and loading weights comply with and legally correspond to the goods. We will not accept any liabilities if loading capacities are breached. You will not be permitted to remove the caravan from Our premises if your Towing Vehicle is non-compliant and your booking will be treated as a ‘No show’ unless We have another caravan which is suitable for your Towing Vehicle and is available for your hire period. If this occurs You may be charged any additional hire rates which apply to the secondary caravan but no refund will be provided in any form.

 

OVERLOADING:

Do not overload caravans or campers past their stated limit (or the limit of the vehicle and towbar). Utow Caravans will not accept any liability if these loading capacities are breached and this will void any Insurance claims, resulting in You being liable for the entire caravan cost if damaged is caused.

 

UNAUTHORISED AND PROHIBITED USE:

Persons who must not tow Utow Caravans caravans or campers are:

  • A person who is not identified on the hire agreement with details fully and accurately stated.
  • A person whose licence has been cancelled or suspended.
  • A person who holds a learners or probationary licence to drive a vehicle.
  • A person whose blood alcohol concentration exceeds the lawful percentage.
  • A person who is under the influence of a legal or illicit drug.
  • A person who has been convicted of any driving offence.
  • A person who has been refused motor vehicle Insurance in the past 5 years.
  • A vehicle which is not identified on the hire agreement with details fully and accurately stated.

*All Insurance cover will be deemed void if any of the above terms are breached.

 

HIRED ITEMS SUBSTITUTION:

Utow Caravans reserve the right to cancel your booking at any time should any of Our caravans or campers become unroadworthy or unavailable due to unforeseen circumstances out of Our control. If an alternative caravan or camper cannot be offered to You in accordance with your requirements as set out in the hire agreement, a full refund or a credit for a future hire date will be made available.

 

HELP LINE:

Utow Caravans runs a 7 day a week help & information service. Contact is available Monday to Sunday on mobile telephone – 0400 777 698. Any problems associated with the hired Item/s, including equipment failure, MUST be reported to Utow Caravans as soon as possible and in any case within 24 hours of the occurrence, to give Utow Caravans the opportunity to help rectify the problem during the hire period. Failure to do so will compromise any claims by You for compensation. We do not accept any liability for claims submitted after this period.

 

TRANSFERS:

Transfers to and from Utow Caravans for hirers are not included in the hire price. It is The Clients, and their passengers, responsibility to make their way to and from Utow Caravans.

 

ONE WAY HIRE:

Utow Caravans does not offer one way hire.

You may either collect the caravan or camper from Utow Caravans business site or have it delivered to your nominated site at a cost. Return of the caravan must be to Utow Caravans business address at the end of the hire period.

 

EARLY TERMINATION:

There will be no refund for early termination of a hire agreement under any circumstances. If a hired Item is left at any place other than Our business address, pick up fees will be charged (minimum 2 hours each way) for the retrieval of the Item – this will be deducted from your security bond. If the amount exceeds your security bond, the balance of all monies will be owing to Utow Caravans. There is no refund available for the early termination of the hire should the Item be returned earlier than contractually agreed, irrespective of circumstances. You should consider taking out travel insurance to cover any unforeseen circumstances including personal matters and illness that may cause you to terminate your Hire early. It’s important to remember to do this as soon as you have paid for your trip.

 

SMOKE DETECTOR AND FIRE EXTINGUISHER:

All of Our caravans and campers have been fitted with smoke detectors and fire extinguishers and these Item/s are checked/tested after each return to ensure that They are in working order for the next hire. For continued safety of all clients please do not tamper with, remove batteries or remove these Item/s. Replacement costs for smoke detectors, batteries and fire extinguishers will be deducted from the security bond.

 

ROAD RESTRICTIONS:

Our caravans and campers must at all times be towed in a safe manner according to road and weather conditions and in accordance with the Australian Road Laws and Traffic Regulations. Our caravans are for on-road use only. They may be towed on good quality, well maintained, formed roads consisting of bitumen, concrete surfaces and on the entry and exit to caravan or national parks only. A common sense approach should be taken and slow speeds maintained to ensure no damage to the van (including stone chips) so that your security bond is refunded.

 Any corrugated, gravel, dirt roads or 4wd tracks are strictly forbidden.

 

BRAKING SYSTEM:

Appropriate braking systems are provided with all caravans and campers. The Towing Vehicle will need a 7 pin flat or round socket fitted and this must be in good working order. This must be used when towing at all times. All indicators and brake lights on the caravans or campers will be checked to ensure They are operational prior to their leaving Our premises.

 

KEYS:

The Hirer will be responsible for the cost to replace keys that have become lost or broken, or retrieval of keys that have been locked in a caravan. The cost of a locksmith traveling to the caravan is at The Hirer’s expense.

ANIMALS & PETS:

Utow Caravans does not allow for the carriage of pets or any animals in their caravans or campers whilst on hire under any circumstances unless first agreed to in writing by Us and made a specific term of the hire agreement. Carriage of pets or animals without being agreed upon will render the contract void, and your entire $1000.00 security bond will not be returned.

 

SMOKING:

Utow Caravans has a strict NO SMOKING policy (including inside any of Our caravans or campers or under Our awnings or annexes). This includes smoke from a nearby fire. Please park Your caravan or camper far enough away from any fires and keep doors and windows closed when the fire is on.

Any goods deemed by Us to have been smoked affected, stained or contaminated will result in the cost to have all materials steam cleaned being deducted from the $1000.00 security bond to reinstate the goods to a proper and hirable condition.

 

TOWING MIRRORS:

Portable clip on towing mirrors may be supplied to The Hirer for hire for $20.00 per set if The Hirer deems necessary. Utow Caravans will not be under any liability to The Hirer or any other person for damage caused through the use of these Item/s or any fines that may be associated with the Hirer not using them.

 

GAS:

At collection the gas bottles in the caravan or camper will be full.  If You run out of gas, You will need to refill the gas bottle at your own expense. Please do not swap n go Our gas bottles. It is necessary to fill the gas bottle upon return of the caravan or camper at the end of the hire period or We can refill the gas bottles at the business premises at Our usual retail fee. Empty or part empty gas bottles left will be refilled and charges will only be deducted from the security bond if bottle/s are completely empty.

 

VALUABLES:

Utow Caravans accepts no responsibility or liability for valuables left in the caravan or camper or stolen from these hired Item/s. Please do not leave valuables in the hired Item because of possible theft.

We strongly recommend You take out your own personal travel Insurance policy to cover any such loss.

All Personal Item/s left in the caravan or camper on return will incur an Administration fee of $30.00 plus postage if return to You is required. Item/s will be able to be picked up by arrangement for a period of 30 days – after this time items will be discarded unless agreed otherwise in writing.

 

CLEANING FEE:

Utow Caravans reserves the right to deduct a minimum $150.00 cleaning fee from the $1000.00 security bond if the caravan or camper including all of the Item/s included are not returned in the same clean condition as originally hired/found in.

Caravans fitted with a toilet and/or shower must also be returned in the same clean state. All waste material must be removed from the toilet and the cassette and the cassette and its holding cabin must be rinsed/washed out. Failure to do so will incur an additional separate charge against your security bond of $250.00.

Utow Caravans will provide you with the toilet chemicals necessary for a three day hire. If You are hiring for an extended period of time additional required products must be purchased.

 

TYRE DAMAGE:

Tyres are subject to the clauses of the selected Insurance cover. Authorisation for repair or replacement MUST be obtained from Utow Caravans. The Hirer is responsible for all damage occasioned to tyres and rims (excluding normal wear and tear) and all associated costs to repair or replace these tyres including blowouts and tyre staking.

 

EQUIPMENT CONDITION:

We aim to present Our caravans or campers and all equipment supplied in them immaculately. In the coming days after Your return, We carry out a general inspection on the hired Item/s to ensure everything is clean, undamaged and safe for the next hire. Cooking and kitchen utensils and appliances should be returned clean and dry. Any missing/damaged equipment will be repaired/replaced at your cost (copies of the quote/invoice will be provided to You upon your request).

Excessive amounts of dirt/mud, wet materials requiring drying, food/drink spillage on fabrics, excessive soiling on bedding, excessive scratches on flooring, cupboards or paintwork requiring polishing may result in a minimum $150.00 cleaning fee being deducted from your security bond.

Please return the Hired Item/s in the exact same condition as You picked it up or received it in.

 

BREAKDOWN:

Utow Caravans will supply a caravan or camper that is mechanically sound and in good working order taking into account the age of the caravan or camper. Utow Caravans will not be held liable for any expenses, inconvenience, loss or damage incurred or suffered by You in consequence of a breakdown and You indemnify Us for any claims that might otherwise be liable to be made by You in relation thereto. In the event of a breakdown, You remain responsible for the security and care of the caravan or camper at all times. You must inform Us of a breakdown involving the mechanical or trailerable condition of the caravan or camper as soon as practicable.

 

ACCIDENTS:

Most accidents occur for the following reasons:

Driving too fast, Driving on the wrong side of the road, Turning across the face of oncoming traffic, Driving while sleepy & tired, Collisions with animals, Whilst reversing, Driving while intoxicated, Driving at night.

You agree and acknowledge that:

  • In the event of an accident involving Utow caravans or campers You must notify Us immediately.
  • In the event of an accident involving another vehicle, You must obtain the registration, make, model and colour of the other vehicle, the name, address and drivers licence details of the other driver and the names and addresses of any witnesses and forward these to Us as soon as practicable.
  • You must make a report to Police regarding any accident involving the goods or malicious damage caused to or theft of the Hired Item/s (or any of the included Item/s).
  • In the event of an accident involving the Item/s all repair costs will be your responsibility and be liable to be deducted by Us from the security bond and claimed from You in full by Us. Where a third party is alleged to be at fault, all bond monies will be retained by Us until liability can be verified as determined by Us or by any representative on Our behalf.

 

REPAIRS:

Our caravans or campers are always fully maintained and serviced. This does not stop occasional breakdowns and small problems. Should problems be encountered please ring Our staff on 0400 777 698 for assistance. Utow Caravans may then approve repairs in writing if The Hirer was not directly responsible for the damage.

In all cases the responsibility of Utow Caravans is limited to refunding for the time that the unit was actually in repair. No alternative accommodation or food Item/s will be paid for during this time.

Malfunction of microwaves, air conditioners, stoves, refrigerators or water pump are not considered mechanical breakdowns and downtime will not be paid for these Item/s.

Towing and retrieval of caravans or campers to the closest repairer or Utow Caravans business address is not covered under Our Insurance and is the responsibility of The Hirer. Any costs incurred will be taken from your security bond in the first instance, but if this amount is exceeded, it will then be charged to The Hirer.

In the event of an accident resulting in the Hired Item being too damaged to continue, it is The Hirer’s responsibility to make their way to Utow Caravans business address with the Hired Item. You may collect a replacement caravan or camper if one is available and continue on your holiday. The cost of this replacement caravan or camper will be charged out at the full hire rate, with a new and separate security bond required and the previous hire will be treated as an early termination. You should consider taking out travel insurance to cover any unforeseen circumstances. It’s important to remember to do this as soon as you have paid for your trip.

 

DAMAGE COVER:

The caravans or campers must not be tampered with, altered or modified internally or externally or otherwise in any way.

You must not store or accommodate any hard Item/s inside or on any surface bed or floor of Our caravans or campers, including but not limited to bikes, plastic tubs, camping chairs, tables, BBQ, gas bottle, esky, surf/boogie boards or portable refrigerator, where this is liable to cause damage to any floor covering, finish or furniture.

No volatile, corrosive, flammable or explosive materials or liquids may be carried in or on the caravans or campers.

You must not attach, tie or otherwise affix anything to the external walls or roof of Our caravans or campers for the purpose of storage or transportation thereof.

You must not use any adhesive on the furniture and fittings including but not limited to sticky tape, masking tape, cloth tape, glue or blu tack as this will cause damage when removed.

Any Item/s comprising or being a part of the hired Item/s found missing, damaged, broken or substituted will be deducted from the security bond.

All costs associated with the full replacement or damage repairs to the awning or annex, where included, shall be borne by The Hirer.

Any damage caused to the goods by You or occurring during the Period of Hire, caused by your invitees or by others enjoying the use of the goods in conjunction with You is your legal responsibility and is liable to be claimed by Us from You together with associated costs.

Prior to Your departure – upon Your request should You wish to, You will be given the opportunity to take photos on Our supplied device of any prior damage you may be concerned about. These photos will be documented and used as a reference.

 

FINANCIAL OBLIGATIONS:

Prices quoted are subject to change and Utow Caravans reserves the right to update or alter the pricing structure from time to time.

By hiring with Utow Caravans You authorise Utow Caravans to use your security bond and/or You will pay on demand any balance with the following charges should they apply:

  • All hire charges specified in the hire agreement
  • All charges claimed from Utow Caravans in respect of parking or any other traffic infringements, fines or penalties relating in any way to your use of the Hired Item/s incurred during the hire period.
  • All loss or damage to hired Item/s (including loss of use) for caravans/campers/camping equipment, legal expenses, towing & recovery charges where:
  1. You have left the caravan or camper unlocked or left the key in the door
  2. You have not kept the key secure and under your personal control
  3. The caravan or camper is totally or partially immersed in water regardless of the cause
  4. The interior or exterior of the caravan or camper is damaged regardless of the cause
  5. The caravan or camper is damaged by driving it under an object lower than the caravan or campers height
  6. You have failed to rectify and notify Utow Caravans of any defect or damage which causes additional damage to the caravan or camper.

 

CONTRACTUAL RIGHTS:

By hiring with Utow Caravans and signing that You have read and understood Our Terms and Conditions, You accept that the Terms and Conditions make this an Australian Contract and You will be bound by the Australian State Law in which this State is contracted in. This contract over-rides any other contract taken in any other country. Any changes made to this contract must be in writing. Utow Caravans makes no expressed or implied warranty in relation to this agreement. You accept full responsibility for the care and security of the Item/s at all times during the Period of Hire or whilst in your possession or property, within your care or control. You must not lend or sub-hire to or license any third party in relation to or otherwise part with possession, custody or control of the Item/s.

Where two or more persons are shown herein as The Hirer, their liability hereunder is both joint and several.

 

UTOW CARAVANS’S LIABILITY:

Problems associated with the hire of an Item must be reported in writing to Utow Caravans immediately during Your hire period – We do not accept liability for any claims submitted after that period.

Utow Caravans will not be under any liability to The Hirer or any other person for any loss or damage caused through delay in delivery and which may affect Our ability to satisfy your booking or the specific requirements of the Hired Item/s that is caused through:

  • accidents, road closure, mechanical failure, breakdown.
  • staff illness.
  • by other reasons of the Item/s not being as already described.
  • not being suitable for The Client’s purposes.
  • matters beyond Our immediate or effective control.

 

Utow Caravans will also not be liable for loss of time, change in drop off location or damage through natural disasters such as rain, floods, fires, cyclones, hailstorms or for any problems, cancellations or early terminations surrounding Your Hire for reasons beyond Our control including but not limited to fire, adverse weather conditions, strikes, civil unrest, terrorist activities, war or threat of war, natural or nuclear disasters, pandemics etc. If any such situation should arise, we will do Our best to contact You to agree a reasonable way forward.

 

HIRE REFUSAL:

Utow Caravans reserves the right to refuse any hire, or continuation of any hire at its discretion.

 

AMENDMENT OF TERMS:

We reserve the right to change, modify, add or remove portions of these Terms at any time.

 

DISCLAIMER:

All illustrations, line drawings and text in any of Our brochures or advertising material, including the internet, are a representation only of the Hire Item/s depicted. Variances in any Item/s offered for hire could occur due to modifications and/or upgrades.