RENTAL TERMS & CONDITIONS V1

(last reviewed & effective from 13/12/2024)

1. Conditions of Use

1.1. You must have a valid drivers' license to tow the Trailer which is issued in an Australian state or territory and not subject to any restriction or condition in regards to towing. Your license must allow you to legally tow the type, size & capacity of trailer that you have hired. Learner drivers are not acceptable and must not tow the Trailer.

1.2. The trailer must not be towed by anyone who is:

(a) Intoxicated or under the influence of drugs or alcohol or have a blood alcohol content or any urine or oral fluid sample that exceeds the limit set by law;

(b) Recklessly or dangerously; or

(c) Whilst the trailer is damaged or unsafe.

1.3. you must not use the trailer (or allow the trailer to be used):

(a) for any illegal purpose;

(b) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(c) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

(d) in an unsafe or un-roadworthy condition.

1.4. you must not:

(a) damage the Trailer deliberately or recklessly or allow anyone else to do so;

(b) modify the Trailer in any way;

(c) sell, rent, lease or dispose of the Trailer; or

(d) register or claim to be entitled to register any interest in the Trailer under the Personal Property Securities Act 2009.

1.5. the trailer must never be towed:

(a) Off Road; or

(b) above the snow line in Victoria or New South Wales between 1 May and 31 October.

1.6. The Trailer must not be used in any area that is prohibited by Us. Prohibited areas include:

(a) roads that are prone to flooding or are flooded;

(b) beaches, streams, rivers, creeks, dams and floodwaters;

(c) any road where the police or an authority has issued a warning;

(d) any road that is closed; and

(e) any road where it would be unsafe to tow the Trailer.

1.7. You must ensure:

(a) the aggregate Trailer Mass (Trailer plus load) does not exceed the maximum towing capacity of the Trailer as specified by the Trailer manufacturer. The towing capacity of a vehicle is usually provided in the vehicle operator's handbook and You must also check the towbar’s manufacturer's specification plate on the towbar as the two may differ;

(b) the Trailer is correctly and safely connected to the towing vehicle and the safety chains are correctly fitted;

(c) the Trailer remains connected to the towing vehicle at all times whilst it is under hire;

(d) the coupling is attached to the towing vehicle at all times when loading, whilst loaded and during unloading, and You acknowledge the jockey wheel is for raising and lowering the Trailer and must not be used to manoeuvre the Trailer;

(e) the coupling handle is correctly down;

(f) the Trailer's tyres are inflated to the recommended PSI;

(g) the Trailer lights are working correctly; and

(h) when parked, the Trailer is always parked securely in a way in which it can not be removed from the towing vehicle.

1.8. You must:

(a) have insurance that provides:

(1) cover for personal injury; and

(2) indemnity for third party loss, and

and take reasonable steps to have an insurance policy that provides cover for Damage to the Trailer, arising from Your use of the Trailer during the Rental Period.

(b) secure any property, goods, stock or equipment carried in the Trailer and use suitable tie down materials to ensure that under no circumstances will they fall from the Trailer during transit; and

(c) comply with all road rules and regulations and You are always responsible for the correct and safe handling of the Trailer.

1.9. You must not tow the Trailer if the unladen weight of the towing vehicle is less than the total weight of the Trailer and any property, goods, stock or equipment or load on the Trailer.

1.10. You must take reasonable care of the Trailer by:

(a) preventing it from being damaged;

(b) making sure that it is protected from the weather;

(c) making sure it is not overloaded; and

(d) when parked, ensuring the Trailer is always parked securely in a way in which it can not be removed from the towing vehicle.

1.11. If the Trailer develops a fault during the Rental Period You must inform Us immediately and not tow the Trailer unless We have authorised You to do so and You must not let anyone else repair or work on the Trailer or towing or salvage of it without Our prior written authority to do so.

1.12. You must immediately report any loss or damage to the Trailer (or loss involving the Trailer) to Us.

2. Handover

At the pickup/handover of the Trailer, You must:

(a) produce Your Driver’s License for inspection by Us if you haven’t already provided sufficient and clear photographs via SMS/email.

(b) check that:

(1) the Trailer is in a roadworthy, serviceable and in a safe condition;

(2) the Trailer is clean; and

(c) have already reviewed the Rental Contract.

3. Financial Obligations

3.1. Amounts payable to Us by You under these Rental Terms and Conditions must be paid to Hitch and Go Trailer Hire on or before the due date.

3.2. The base hire cost & refundable security deposit (if applicable) must be paid prior to handover unless otherwise arranged and approved by Us.

3.3. Payment card authority

You authorise Us to maintain Your payment card details in our secure booking system and if any amount is due under the Rental Contract or remains unpaid, including:

(a) the Rental Fees;

(b) tolls;

(c) speeding and traffic fines and infringements;

(d) fines or charges imposed for parking;

(e) Damage under clause 7.2;

(f) bank fees incurred by Us as a result of any dishonoured or rejected payment card transaction;

(g) all costs incurred by Us in the recovery of outstanding amounts, including interest, debt collectors’ costs and commission and legal expenses;

(h) cleaning fees to return the trailer to the same level of cleanliness as at time of pick up;

(i) tipping fees if there is waste left in the trailer when returned;

(j) fees for the recovery of the trailer if not returned to the collection location;

(k) administration fees to coordinate these activities or process charges,

You authorise Us to debit Your payment card with that amount upon it becoming due and payable.

4. Cancellation

4.1. Bookings may only be cancelled in accordance with this clause 4.

4.2. If You cancel a booking 24 hours or more prior to the start of the Rental Period You will be refunded all prepaid Rental Charges minus a processing fee of 10%. However, if You:

(a) cancel a booking within 24 hours prior to the start of the Rental Period;

(b) fail to pick up the Trailer within 30 minutes of the start of the Rental Period as set out in the confirmed booking (without sufficient communication to Us); or

(c) fail to notify Us of Your intended cancellation prior to the start of the Rental Period and fail to pick up the Trailer,

the booking will be cancelled and You will be charged the Rental Charges for the Rental Period as booked unless We are able to rent the Trailer to another renter for an equivalent term and rate.

4.3. Your cancellation is not effective until acknowledged and confirmed by Us.

4.4. Hitch and Go Trailer Hire may cancel a Rental Agreement without penalty to Us or You if the Trailer is unavailable as a result of unforeseen circumstance.

5. Traffic Offences, Fines and Fees

5.1. You must pay all fines, penalties, traffic infringements, tolls and costs incurred during the Rental Period or any period outside the Rental Period in relation to which You remain in possession of, or are responsible for, the Trailer.

(a) a processing fee of $20 per toll is payable to Us for each unpaid toll incurred, in addition to the toll amount and all other charges levied by the toll provider.

(b) a processing fee of $20 is payable to Us for each fine, penalty or traffic infringement notice, in addition to any charges levied by the issuer of the fine, penalty or traffic infringement.

5.2. You must notify Us in writing as soon as You become aware that a fine, penalty, traffic infringement or toll has been incurred.

5.3. Upon receipt of a fine, penalty, traffic infringement or toll notice Hitch and Go Trailer Hire will complete the required documentation to absolve themselves from liability and nominate You as the responsible party and return the documentation and any statutory declaration to the responsible authority that issued the notice within 7 days of receipt of the notice.

5.4. In the event that You challenge any fine, penalty, infringement or toll notice, You do so at Your own expense.

6. Trailer Condition and Return

6.1. You must return the Trailer to Us at the Return Location strictly at the time and on the date agreed between Us and You. If the Trailer is returned more than 30 minutes, but less than 24 hours, after the agreed time for its return, a late fee of up to one full day's rental may apply. If returned later than 24 hours after the agreed time for its return, a late fee of the 24 hour rate plus a 25% premium will be charged per 24 hour period.

6.2. You remain responsible for the Trailer until it is returned to the Owner in accordance with clause 6.1 and these Rental Terms and Conditions continue to apply, regardless of whether it is returned during, at the end of, or after the expiry of, the relevant Rental Period.

6.3. Subject to clause 4, if You return the Trailer to the Owner before the end of the Rental Period You must pay Us the amounts in clause 3.1 for the duration of the Rental Period unless otherwise agreed in writing by the Us.

6.4. At the time of hand over to Us at the Return Location You must:

(a) return the Trailer to Us in the same condition as it was at the beginning of the Rental Period, save for any reasonable wear and tear; and

(b) ensure that the Trailer has been cleaned prior to hand over to Us.

6.5. If the Trailer is not returned at the time and date specified in the Rental Agreement or as agreed between Us and You the Trailer may immediately be reported as stolen and may be de-registered.

7. No cover for Damage to the Trailer, theft or third party loss

7.1. As the Rental Contract provides no damage or insurance cover, subject to the terms of the Trailer Guarantee (if applicable), You are responsible for all Damage to the Trailer, save for reasonable wear and tear, its loss through theft and any third party loss that occurs during the Rental Period which results from Your use of the Trailer.

7.2. The following amounts are payable if there is Damage or the Trailer is stolen:

(a) Damage to the wheels and tyres: $125 per wheel, or actual cost of repair/replacement (whichever is lower);

(b) Damage to the electrical trailer connector: $30; or

(c) Damage to the trailer wiring: $40p/h labour + supplies (min half hour charged); or

(d) Non return or damage beyond fair wear & tear of accessories: $40 per car trailer tie-down strap, $10 per 250kg rated ratchet strap (small trailers), $5 per coded padlock & $30 per winch remote.

(e) Any other amount for damage or theft up to the market value of the Trailer.

7.3. You must pay Hitch and Go Trailer Hire the Rental Fee at the daily base rate shown in the Rental Agreement from the date of an accident or theft of the Trailer until the earlier of:

(a) the completion of repairs if the Trailer is damaged; or

(b) the Trailer is replaced because it is declared a total loss because it is damaged beyond repair; or because it is stolen.

7.4. In the event of an accident or damage, it is Your responsibility to return the trailer to the Collection Location at Your expense.

7.5. You must also report all accidents to the police if:

(a) any person is injured;

(b) the other driver leaves the scene of the accident without exchanging names and addresses; or

(c) the other driver appears to be affected by drugs or alcohol.

7.6. In the event of an accident, You acknowledge that Hitch and Go Trailer Hire may insist that the Trailer be moved to the nearest repairer to secure it.

8. No insurance cover for goods or property carried

The Rental Contract provides no insurance cover for:

(a) loss or damage to goods or property carried in the Trailer whether owned by You or a third party and You agree to fully indemnify Hitch and Go Trailer Hire for any claims for third party loss that arise from Your use of the Trailer during the Rental Period;

(b) third party loss resulting from goods or property falling from the Trailer; or

(c) personal items that are left in or stolen from the Trailer or for loss or damage to property belonging to or in the custody of:

(i) You;

(ii) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside; or

(iii) Your employees.

11. Termination of the Rental Agreement and Repossession

11.1. Hitch and Go Trailer Hire may terminate the Rental Agreement at any time if You commit a breach of this Rental Agreement.

11.2. If the Rental Agreement is terminated pursuant to clauses 11.1:

(a) Hitch and Go Trailer Hire may repossess the Trailer from You; and

(b) No refund of fees already paid (including in advance) will be provided.

11.3. Notwithstanding clauses 11.1, Hitch and Go Trailer Hire may immediately repossess the Trailer without notice to You if:

(a) You have illegally parked the Trailer for longer than 24 hours;

(b) You have committed a reckless breach of road or traffic legislation, including but not limited to:

(c) the accrual of demerit points that result or will result in immediate suspension of Your license;

(d) the accrual by You of more than 6 demerit points in any 24 hour period; or

(e) the imposition of demerit points arising from three or more incidents or apprehensions by a regulatory authority in any 24 hour period;

(f) the Trailer is apparently abandoned;

(g) payments are in arrears or are not received within 24 hours of the due date; or

(h) the Trailer has not been returned to Us at the time and date specified in the Rental Agreement.

12. Privacy Act 1988

12.1. You consent to Hitch and Go Trailer Hire, collecting, using and disclosing Your personal information in accordance with the Privacy Policy.

12.2. When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You.

12.3. We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

13. Acceptance of the Rental Terms and Conditions

13.1 When making an online booking through the Website you check a box to acknowledge your acceptance of the Rental Terms and Conditions.

13.2 When making a booking through any other channel (e.g. phone, email, SMS) your acceptance of the Rental Terms and Conditions is automatically agreed to upon You taking possession of the trailer at the Collection Location, or payment of the Rental Fee being made; whichever happens first.

14. Definitions

In these Rental Terms and Conditions:

Collection Location means the location specified in the Rental Agreement or relevant email/SMS/phone notification for collection of the Trailer, or any other location as agreed between Hitch and Go Trailer Hire and You.

Damage means:

(a) any damage to the Trailer including its parts, components and accessories;

(b) towing and salvage fees and assessing fees;

(c) Loss of Use as a result of that damage or theft,

and for the removal of doubt, any damage to the Trailer that makes it unroadworthy is not fair wear and tear.

Us means Hitch and Go Trailer Hire.

We means Hitch and Go Trailer Hire.

Hitch and Go Trailer Hire means Hitch and Go Trailer Hire ABN 45 098 953 445.

Loss of Use means the loss suffered because the Trailer identified in the Rental Agreement is being repaired or replaced as a result of an accident or because it has been stolen and is being replaced. The amount is calculated on a daily basis at the base rate shown in the Invoice.

Invoice means the document produced within our booking system showing the amount payable for hire of the Trailer.

Privacy Policy means the privacy policy of Hitch and Go Trailer Hire published on the Website.

Rental Agreement means this document & associated invoices between Hitch and Go Trailer Hire and You that specifies and identifies the key operational aspects of the hire, including the relevant Rental Period, the Collection Location, the Return Location, the Rental Fees payable and the Trailer hired.

Rental Fee means the amount payable by You to Hitch and Go Trailer Hire as set out in the Rental Agreement, and any other fees and charges, including late fees, incurred by You during the Rental Period.

Rental Period means the period of time that the We and You have agreed for use of the Trailer as set out in the Rental Agreement.

Rental Terms and Conditions means these terms and conditions, also known as the Rental Contract.

Renter means a Person who has agreed to hire a Trailer from the Owner in accordance with the Rental Contract.

You means a Person who has agreed to hire a Trailer from the Owner in accordance with the Rental Contract.

Return Location means the location specified in the Rental Agreement or relevant email/SMS/phone notification for return of the Trailer, or any other location as agreed between Hitch and Go Trailer Hire and You.

Trailer means the trailer hired by You pursuant to the Rental Contract and includes the Trailer's parts, components and accessories including remote controls.

Website means the www.hitchandgo.com.au website and the content, features and services offered through it.