Northern Beaches Motorhome Rentals
Vehicle Rental Contract – Terms and Conditions – Version 3 as at June 2018
Introduction and Defined Terms
Thank you for choosing Northern Beaches Motorhome Rentals. We are committed to providing our customers the best possible experience. Your safety is our priority, so please carefully read this rental contract to ensure you understand the terms and conditions of the rental. If you have any questions or concerns, please contact us on 02 9986 2952.
The contract you have with NBMR (Northern Beaches Motorhome Rentals) for the rental of the vehicle (Vehicle Rental Contract) comes into place once you have paid your deposit.
The date of the vehicle rental contract is the date that is shown on the tax invoice issued.
All contracts have some legal terms and we ask that you take a few minutes 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. These words or phrases have a specific meaning each time they appear.
Accident means a single, unintended unforeseen happening, incident or event that is neither expected nor designed.
Authorised Driver means any driver approved by NBMR in writing on your booking process prior to the start of the rental.
Damage means any damage to the vehicle including its parts, components and accessories and any loss of use.
End of the Rental means the date and time shown in the tax invoice or the date and time the vehicle is returned to NBMR, whichever is the later.
Loss of Use means our loss calculated daily, at the daily rate shown on the tax invoice because the vehicle is being repaired or replaced if it is written off as the result of an accident or it has been stolen.
Loss and Damage Fee (LDF) means the amount you must pay NBMR in the event of an accident that causes damage or third party loss or if there has been a theft of the Vehicle.
Northern Beaches Motorhome Rentals means Major Enterprises Australia P/L trading as Northern Beaches Motorhome Rentals.
Overhead Damage means any overhead or roof damage caused by, but not limited to, contact between the vehicle and objects overhanging or obstructing the path of the vehicle
Rental Charges means the charges payable for renting the vehicle from NBMR together with GST and any other taxes or levies.
Rental Location means 26-30 Tepko Rd, Terrey Hills, NSW, 2084
Rental Period means the period commencing at the time shown in the tax invoice and concluding at the time the vehicle is returned to NBMR.
Start of the Rental means the date and time that the rental commences as shown in the tax invoice.
Sealed Road means a road sealed with a hard material such as tar, bitumen or concrete.
Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.
Underbody Damage means any damage to the vehicle caused by an impact to the underside of the vehicle that does not arise as result of an impact with another vehicle and includes any resulting damage from that under body damage.
Vehicle means the vehicle described in the tax invoice and includes its parts, components, keys and accessories.
We, NBMR, Our, means Major Enterprises Australia Pty Ltd ABN 61 149 876 424 trading as Northern Beaches Motorhome Rentals.
You, Your means the person, whether it is an individual, a firm or company, that rents the Vehicle from NBMR.
Who May Drive the Vehicle?
Only you or an authorised driver can drive the vehicle. If you let anyone who is unauthorised drive the vehicle it is a breach of the vehicle rental contract. If there is a breach of the vehicle rental contract neither you nor the unauthorised driver have cover for any damage or for any third party loss and both you and the unauthorised driver are liable to pay for that damage and for any third party loss.
Because insurance is difficult to obtain for younger drivers we set a minimum age limit for those hiring and driving our vehicles, so that you or an authorised driver must be at least 25 years of age and hold a valid unrestricted Australian drivers licence for a minimum of 2 years to drive the vehicle.
The vehicle must not be driven if your licence or the licence of any authorised driver has been cancelled within 2 years before the date of the tax invoice.
The vehicle must not be driven by you or any authorised driver:
- if you or any authorised driver is intoxicated or under the influence of drugs or alcohol or has a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law and you and any authorised driver must not fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
- recklessly or dangerously;
- whilst the vehicle is damaged or unsafe.
You and any authorised driver must not use the Vehicle:
- for any form of contest or reliability trial or for driving instruction or for any motor sport or time trial or while being tested in preparation for any motor sport;
- to tow another vehicle or trailer;
- to transport any animals except assistance animals;
- for any illegal purpose;
- to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
- to carry passengers for hire, fare or reward;
- in connection with the motor trade for experiments, tests, trials or demonstration purposes;
- in an unsafe or un-roadworthy condition;
- to carry a number of passengers more than that for which the Vehicle was constructed.
You or any authorised driver must not:
- modify the Vehicle in any way;
- sell, rent, lease or dispose of the Vehicle;
- register or claim to be entitled to register any interest in the Vehicle under the Personal Properties Securities Act 2009;
- damage the vehicle deliberately or recklessly or allow anyone else to do so.
- Where the Vehicle Can and Cannot be Used
- The vehicle must not be used in any area that is prohibited by NBMR. Prohibited areas include:
- unsealed roads; the only exception is well maintained access roads less than 12 kms long to recognized camp grounds;
- any road where the police or an authority has issued a warning or is closed;
- beaches, streams, rivers, creeks, dams or floodwaters;
- any road where it would be unsafe to drive the vehicle;
- any area where snow has fallen or is likely to fall;
- any area that is off-road.
You and any authorised driver must not, unless authorised in writing by NBMR, drive or take the vehicle:
- to Kangaroo Island, Fraser Island, Stradbroke Islands or Moreton Island;
- into or out of the Northern Territory, Tasmania or to any points in Western Australia north of Carnarvon;
- in Queensland:
- beyond Chillagoe in a westerly direction;
- beyond Normanton in a southerly direction;
- if the vehicle is a passenger vehicle or truck, beyond Cape Tribulation or Laura in a northerly direction;
- above the snow line in Tasmania, New South Wales and Victoria (being Jindabyne in New South Wales and Bright in Victoria) from the beginning of June until the end of September; or
- in the Northern Territory and Western Australia, outside any city limits between dusk and dawn.
At the start of the rental you must:
- Pay NBMR a security bond of $2500; and a $100 utility fee and the anticipated rental charges.
At the end of the rental you must:
- pay NBMR the balance of any rental charges;
- pay the excess if there is damage or third party loss or the vehicle has been stolen plus administration fees;
- pay for any tolls, fines or infringements incurred by you during the rental period we will charge you an administrative fee for all such payments as well as charging you for the toll, fine or infringement.
- return the vehicle with a full tank of fuel
- return the vehicle with the grey water tank empty
- return the vehicle with the toilet cassette emptied
- you or any authorised driver must make sure that the vehicle is locked when it is not in use or unattended and you or any authorised driver must keep the keys in your possession at all times;
- Return the vehicle in the same condition it was in at the start of the rental, fair wear and tear excepted
- preventing it from being damaged,
- using the correct fuel type; and making sure the vehicle it is not overloaded.
You and any authorised driver must take reasonable care of the vehicle by:
You must inform NBMR immediately and not drive the vehicle unless we have authorised you to do so and you must not let anyone else repair or work on the vehicle without our prior written authority to do so if any of the following occur during the rental period:
- the vehicle develops a fault;
- a warning light appears;
- there are low coolant, brake or engine oil levels or low tyre pressure;
We will provide you with a vehicle that is mechanically sound, regularly maintained and in good working order taking into account the age of the vehicle
If the vehicle breaks down because of a mechanical defect we will provide all practical assistance, including the provision of a replacement vehicle where one is available provided that there has not been a breach of the vehicle rental contract.
We are not responsible for any consequential loss you may suffer if the vehicle breaks down.
If you or any authorised driver has an accident and there is damage or third party loss or if the vehicle is stolen you must pay to NBMR the LDF/ excess.
The LDF/excess is payable:
- at the end of the rental;
- if you are at fault;
- if you are not at fault, until all paperwork has been completed and approved by our insurer;
- for each accident or theft.
There is no Damage Cover for:
- Damage caused by immersion of the vehicle in water and you and any authorised driver are each liable for all Damage and all Third Party Loss arising therefrom;
- There is no Damage Cover if there has been any breach of the vehicle rental contract and you are then liable for all Damage and all Third Party Loss;
- There is no Damage Cover for personal items that are left in or stolen from the vehicle.
- Rental Period, Costs & Charges
The tax invoice shows the rental period for which you have hired the vehicle and it shows the rental charges.
At the start of the rental you must inspect the vehicle to make sure that any pre-existing damage is noted and shown on the vehicle pre-inspection report.
At the end of the rental you must return the vehicle by the time and date shown on the tax invoice.
If you return the vehicle more than one hour after the time set for its return in the tax invoice we will charge you one full day’s extra rental and a further full day’s rental for each 24 hour period thereafter until the vehicle is returned to NBMR.
If you return the vehicle at any time other than during our normal business hours you will be responsible for the daily rental charges and all damage until the rental location next opens for business.
At the end of the rental in addition to your obligations under clause 5 you must pay:
- the cleaning costs and any other costs we incur in reinstating the vehicle to the same condition it was in at the start of the Rental; and
- any refuelling charges because the vehicle has been returned without a full tank of fuel;
- LDF/insurance excess in the event of damage/accident/incident caused to the vehicle.
In the event of an insurance claim for motor vehicle damage, the LDF fee (insurance excess) will be deducted from the Security Bond. Excess payable is $2000, windscreen damage excess is $500.
NBMR reserves the right to charge the you for any speeding, tolls or parking fines not reported on return of the vehicle. In addition to these costs, NBMR reserves the right to charge for associated administration costs for processing the fines (irrespective of liability). An administration fee of $75 per fine may be applicable.
The security bond prepaid to NBMR it is fully refundable to you provided that at the end of the rental:
- all amounts due to NBMR under the Vehicle Hire Contract have been paid;
- the vehicle has been returned at the date and time set in the tax invoice;
- there is no damage or third party loss;
- the interior and exterior of the vehicle are clean;
- the vehicle has a full tank of fuel;
- the grey water tank is emptied;
- the toilet cassette has been emptied;
- the vehicle is returned in the same condition as it left;
- the vehicle rental contract has not been breached;
We reserve the right to retain all or part of a bond if there is a breach of any of these conditions.
Your Security Bond can only be refunded back to the same credit card that was used to hold the Security Bond.
Amendment and Cancellations must be notified by email to email@example.com.
The following cancellation fees will apply for all cancellations after confirmation of booking or payment of deposit: a) A $75.00 minimum cancellation administration fee will apply to all cancellations; b) Cancellation within 30 days prior to pick-up: $250; c) Cancellation within 7 days prior to pick-up: $500.00 or 50% of the rental cost (whichever is greater); and d) If cancelled on day of pick-up or a No Show: 100% of the full rental charge will apply.
Any moneys owed to NBMR at the end of the rental accrue interest at the rate of 10% per annum commencing 14 days after the End of the Rental.
Accidents or Breakdowns
If the vehicle breaks down because of a mechanical defect you must contact NBMR on the phone number shown below (also available on your tax invoice) and provided that there has not been a breach of the vehicle rental contract. We will provide all practical assistance, including the provision of a replacement vehicle where one is available.
NBMR provides Roadside Assistance support for breakdowns such as tyre changing, keys locked in vehicle and flat engine battery. Please contact our office on 02 9986 2952 or after hours on 0450 820 155.
We are not responsible for:
- use of the incorrect fuel type;
- lost keys;
- extra charges will apply if any of these services are provided at your request.
Any repair up to $100 including GST needs no authorisation from NBMR and all that is necessary for full reimbursement to you from NBMR is a proper receipt for the amount of the repairs. For repairs costing over $100, NBMR will need to be informed and confirm the repair in advance.
If you or an authorised driver has an accident or if the vehicle is stolen you must report the accident or theft to NBMR within 24 hours of it occurring and complete an Accident/Incident report form.
If the vehicle is stolen or if you or an authorised driver has an accident where:
- any person is injured;
- the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses;
- the other party appears to be under the influence of drugs or alcohol;
then you or the authorised driver must also report the theft or accident to the Police.
If you or an authorised driver have an accident you and the authorised driver must:
- exchange names and addresses with the other driver;
- obtain the names and addresses of all witnesses;
- not make any admission of fault or promised to pay the other party’s claim or release the other party from any liability;
- forward all third-party correspondence or court documents to NBMR within 7 days of receipt;
- co-operate with NBMR in the prosecution of any legal proceedings that we may institute or defence of any legal proceedings which may be instituted against you or NBMR as the result of an accident, including attending our lawyer’s office or any court hearing.
Refer to clause 8 for costs associated with Damage Cover.
Holiday Disruption Coverage
Should the motorhome holiday be disrupted by a mechanical breakdown as defined below (which does not extend to accident or damages caused by the renter), for more than 12 working hours after reporting to NBMR, the renter will be reimbursed up to a maximum of the gross daily rental rate for each day affected until the problem is rectified or until other vehicle arrangements have been made. Failure of mechanical and accessories which includes living cabin air conditioner, water pump, shower/toilet, refrigerator, stove/grill must be assessed by an authorised repairer. Reimbursement is only possible when NBMR has been contacted to rectify the problem and the renter cooperates to do so.
Failure to notify NBMR acknowledges that the issues is of such a minor nature that the hirer makes no claim for loss of time in respect of their rental. Defects and repairs of Wi-Fi, travel devices, radio, TV, CD or DVD player, awning, cruise control, etc. are not considered mechanical breakdowns and are excluded from Holiday Disruption Coverage.
The following conditions results in the compromised performance of accessories and as such NBMR will not be held liable for financial compensation: – Air conditioners in temperatures over 36 degrees Celsius – Electric and gas heaters in temperatures under 4 degrees Celsius – Freezing of water pumps in temperatures below 2 degrees Celsius Infringements.
Strictly no smoking allowed in our vehicles or under the awning
Animals are not permitted in the vehicle (with the exception of registered guide dogs)
Other General Provisions
The vehicle rental contract is governed by the laws of the State of New South Wales and you agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between you and NBMR.
The Competition and Consumer Act 2010 provides you with rights that are not affected by the vehicle rental contract and any provision in this Contract is subject to the implied terms and conditions of that and any corresponding Federal or State legislation.
Your privacy is important to NBMR and we take all reasonable steps to ensure that your personal information is securely held and protected from misuse of unauthorised access.
We welcome every opportunity to resolve any concerns you may have with our service. In the first instance contact NBMR to discuss your concern. If you are not satisfied with the response received and your concern is still not resolved to your satisfaction please write to:
Northern Beaches Motorhome Rentals
Unit F, 26-30 Tepko Road
Terrey Hills, NSW , 2084
Your concern will be investigated by an officer with full authority to deal with the complaint and We will inform you of the outcome within fifteen working days of receiving your letter.