RENTAL AGREEMENT 2. GENERAL

Size: px

Start display at page:

Download "RENTAL AGREEMENT 2. GENERAL"

Jewel Hardy
5 years ago
Views:

1 RENTAL AGREEMENT 1. DEFINITIONS In these rental conditions the following terms have the following meanings, unless explicitly stated otherwise or the context requires otherwise: A. Lessee: the natural person who rents a Rental Object from the lessor; B. Driver: the natural person who is specified by the lessee through the website as a driver of the motorhome or towing vehicle of the caravan; C. Lessor: the natural person who rents out his motorhome or caravan to the lessee; D. CAMPTOO: Camptoo Australia Pty Ltd located at 4/235 Queen Street, 3000 Melbourne; E. Website: websites and managed by CAMPTOO; F. Rental Period: the entire rental period as permitted in the rental agree ; G. Rental Price: the total price agreed for the use of the rental object during the rental period; H. Rental Object: the camper or caravan that is rented by the lessee from of the lessor; I. Insurance: the insurance company where the lessor is insured for the rental object; J. Insurance Contract: the insurance contract between the insurance company and the lessor; K. Service Station: The company or natural person responsible for the intake and issuance of the rental object. L. Transfer Document: The document which is filled in and signed by the Lessor and the Lessee at the moment of pick up and return of the Rental Object. 2. GENERAL 2.1. The Privacy Policy and the General Terms & Conditions are integral parts of this Rental Agreement Lessor has to agree to this Rental Agreement by accepting the agreement on the Website Lessee has to agree with these rental conditions by accepting the agreement on the Website In case one or more of the provisions in the Rental Agreement are or become invalid, illegal or unenforceable, the remaining provisions of this Rental Agreement apply in full. The invalid, illegal or unenforceable provisions will be replaced, whereby the purpose and intent of the original provision(s) is observed as far as reasonably possible. 3. BOOKING PROCESS 3.1. The entire booking process has to be completed via the Website A booking request can only be completed in case the Lessor has agreed to the Booking Request via the Website After payment via the Website, the booking is considered to be definitive Payment is done in two tranches, 50% is paid directly up to maximally $600 and the balance is due eight weeks prior to the starting date In case the second payment is not paid on time, the Lessor has the right to cancel the booking and regular cancellation fees apply.

2 4. OBLIGATIONS OF THE LESSOR 4.1. The Lessor is the legitimate owner of the Rental Object 4.2. The Lessor is authorized to rent out the Rental Object 4.3. The Rental Object is well maintained and suitable for the purpose for which the Rental Object is made available to the Lessee 4.4. The Rental Object complies with all the regulations in Australia 4.5. The Lessor is responsible for a correct and accurate representation of the Rental Object on the Website. In case any feature as described on the Website is missing, the Lessee has the right to cancel the Rental Agreement without any charge. In case the Lessee continues renting the Rental Object, the rental price is reduced by: i. 5% in case more than one feature is missing; ii. 10% in case more than three features are missing; and iii. 15% in case more than 10 features are missing. The Lessor will fully bear all costs involved in these cases The Lessor has registered the Rental Object at the relevant authority; the registration is valid The Lessor is required to fully comply to this agreement and to the Transfer Document In case the Rental Object no longer complies with the provisions as set out in this agreement, the Lessor must remove the rental object from the Website and cancel all already concluded Rental Agreements. CAMPTOO is not liable for the damage caused by the inability to fulfill a Rental Agreement. The Lessor is fined $250 per booking In case any party claims any pre-existing damage of the Rental Object to the other party, this party bears all costs of the expertise, claims handling and additional administrative tasks. In addition, the Lessor is liable for expenses to CAMPTOO of $250 per booking The Rental Object will be provided and received on the location specified in the booking agreement The Lessor makes the Rental Object available with a full gas tank, a full gas cylinder and completely cleaned both inside and outside. In case the Lessor fails to comply, the Lessee can indicate the specific failure on the Website together with proof in the form of pictures up to 24 hours after transfer and has the right for compensation up to $250 depending on the nature of the failure The Lessor must notify CAMPTOO for any costs or repairs resulting from the transfer form within 48 hours after the Rental Object has been returned to the Lessor. 5. OBLIGATIONS OF THE LESSEE 5.1. The Lessee will return the Rental Object at the agreed end date of the Rental Period and the agreed time at the appointed place, as agreed with the Lessor at the booking procedure. If the Lessee does not comply with the agreements, there will be a fine of 250% of the daily rental price, for every day the rental object is overdue. 4/5 part of the fine will be paid to the Lessor, and 1/5 part will be paid to CAMPTOO. If the Lessee can show that the delay is due to technical difficulties, and the Lessee notified CAMPTOO directly and in a timely manner the fine will be waived.

3 5.2. The Lessee is liable for any damage, by any of the users including the Driver, that results from non-compliance with the Rental Agreement, including an expense cover fee of up to $250 for CAMPTOO If the Lessee does not accept the Rental Object in accordance with Article 4.4, the Lessor is liable for all damages that the Lessee suffers up to a maximum of $ The Lessee is required to ensure proper travel insurance, and cancellation insurance The Lessee will receive and return the Rental Object on the location specified in the booking agreement The Lessee must return the Rental Object fully cleaned (interior including toilet and inventory). If not returned as stated above the Lessor has the right to charge for a cleaning fee of up to $ The Lessee must return the Rental Object with a full tank of gas. If not returned as stated above the Lessor has the right to charge for the fuel costs as well as an additional fee of up to $ RULES OF EXCHANGE OF THE RENTAL OBJECT 6.1. The parties must note any damages and / or dents and / or scratches of the Rental Object and / or absence of inventory prior to departure and directly after return on the transfer document Any costs or repairs noted on the transfer document will be charged to the Lessee. 7. SECURITY BOND 7.1. The security bond per booking is between $750 and $ for a motorhome or campervan and between $500 and $ for a caravan. The exact amount per vehicle and booking is stated in the insurance section of the Camptoo listing The security bond is reserved off the Lessee s credit card The Lessor and CAMPTOO try to release the security bond within five business days after the Rental Period has ended CAMPTOO must release the security bond within 15 business days after the Rental Period has ended if nothing happened. 8. INVENTORY 8.1. Inventory is included in the rental price as advertised on the Website The Lessee must return the inventory in full without any damage The Lessor has the right to charge for repair or replacement costs in case any inventory is damaged. 9. CANCELLATION 9.1. If a party fails to comply with the Rental Agreement it is immediately terminated without judicial intervention and without notice If the Lessee cancels the Rental Agreement on other grounds than described in Article 4.4, then a cancellation fee will be charged according to the cancellation policy as set out in the booking overview.

4 9.3. If the Lessor cancels the Rental Agreement, on other grounds than described in Article 3.5, CAMPTOO tries the best to offer a comparable Rental Object to the Lessee. A comparable motorhome or caravan is defined as: at most 1 year older, same bed type(s), same type (alcove / (semi) integral / Camperbus / touring caravan / caravan / trailer), at least the same number of sitting and sleeping, match relevant facilities and en route facilities, equal transmission equivalent suitability for children / smoking / pets If CAMPTOO is not possible to offer a comparable Rental Object, or the Lessee does not accept the offer, the booking fee will be returned in full The Lessor is liable for all damages the Lessee suffers from the cancellation of the Rental Object. In addition to that CAMPTOO will charge a cancellation fee of 15% In case of force majeure, both the Lessor and CAMPTOO cannot be held liable The liability of the Lessor under Article 9.5 is limited to an amount equal to or lower then: i. the amount paid by the insurance of the Lessor; or ii.the agreed rental fee The Lessor may include additional cancellation policies in the advertisement. 10. EXTEND THE RENTAL PERIOD The Lessee can request to extend the rental period, the Lessor has the right to accept or reject this request If the Lessor accepts to extend the rental period it should be validated on the Website, including payment. 11. RULES OF CONDUCT The Lessee guarantees that he / she, and the Driver are in a healthy and stable physical and mental condition that is necessary to operate the Rental Object safely The Lessee is responsible for the goods and people he / she transports in the Rental Object It is strictly prohibited to transfer illegal goods in the Rental Object The Driver must be at least 23 years old and in possession of a valid driver license that is required to drive the Rental Object as dictated by the laws and regulations in de land of origin of the vehicle If the Driver is from overseas, he / she must have a valid international driver license The Rental Object may only be used for the maximum number of persons specified on the website and / or the booking process It is strictly prohibited to re-rent the Rental Object or use the Rental Object for commercial purposes. The Owner has the right to claim the full amount of the bond in addition to any direct or indirect damage of the Rental Object in case the Lessee fails to comply The Lessee is liable for traffic violations and / or expenses for the use of toll roads The Lessee or Driver respectively must use the Rental Object in accordance with the instructions provided by CAMPTOO, and / or the Lessor, and / or the Service Station and the manual The Lessee or Driver respectively must drive safely and carefully.

5 It is strictly prohibited to drive faster than the maximum speed limit The Rental Object is to be used in accordance with the local laws, rules and regulations The Rental Object can only be used for the intended purposes The Lessee must camp at official camping sites. In the event that damages occur at an un-official camping site and the insurance doesn t cover the costs, the Lessee is liable for all the costs The Lessee is required to inform both CAMPTOO and the Lessor directly if the Rental Object shows signs of technical malfunction and / or a flashing light on the dashboard. 12. DESTINATIONS The Lessee is allowed to visit the countries as set out on the reservation form The Lessee must not visit countries marked as risk areas by the insurance company. 13. DAMAGE AND INSURANCE Reimbursement due to malfunction and / or damage is excluded In case of damage or involvement in an accident, the Lessee must directly and immediately contact CAMPTOO The Lessee must take pictures of the damage and / or collision before moving the Rental Object The Lessor must have a sufficient and proper insurance cover allowing him / her to rent out his / her rental object. The Lessor is liable for all costs due to the lack of a sufficient insurance as determined by the local authorities An insurance card should always be present in the Rental Object In case of a collision the local police must be informed, the Driver and all involved parties must sign a accident claim form The Lessee shall at all times be liable for any damage not eligible for reimbursement by the insurance company The Lessee is responsible for normal operating costs All costs incurred by the Lessee, or one of the passengers, through criminal activity or traffic violations will be charged to the Lessee The Service Station is liable for any damage to the Rental Object over the period that the Rental Object is in their possession. 14. PROPERTY The Rental Object is and always remains property of the Lessor The Lessee is prohibited to sell the Rental Object. 15. LIABILITY The Lessor as well as Camptoo are not liable for personal, tangible and / or intangible damage caused by the Lessee, the Driver or his travelling companions If the Lessor is liable, then the liability of the Lessor is limited to the rental price. 16. POSITION OF CAMPTOO The Rental Object is rented out by the lessor and not by CAMPTOO CAMPTOO is not a party of the Rental Agreement between the Lessee and the Lessor.

6 16.3. In the case of a dispute CAMPTOO acts as the first line of support and mediates between Lessee and Lessor CAMPTOO is not liable for: 1. damage to, loss or destruction of the Rental Object; 2. the cancellation of a Rental Agreement; 3. the state of the Rental Object; 4. the consequences of non-compliance with the Rental Agreement; 5. fines occurred with the Rental Object by the Lessee during the Rental Period. 17. PAYMENT Payments between Lessor and Lessee are facilitated by CAMPTOO Included in the rental price; 1. Issuance costs; 2. Insurance The first installment is 50% of the total agreed price up to a maximum of $ The final payment is due eight weeks before the start of the Rental Period If the booking request is made eight weeks or less before the start of the Rental Period, the entire amount must be immediately paid in full Payments can be made by: 1. debit card; 2. credit card; 3. transferring the amount to the bank account of CAMPTOO Any additional costs incurred by the Lessee will be charged to the Lessee such as, but not limited to: 1. loss, or damage as result of non-compliance by the Lessee to the Rental Agreement; 2. other damages and / or costs caused by the Lessee as a result of late return of the Rental object; 3. fines occurred during the Rental Period The bond can be used to charge for the costs as defined in Article CAMPTOO may require the Lessee to sign a (digital) authorization form so CAMPTOO may claim the owed amount automatically on behalf of the Lessor. 18. GOVERNING LAW AND JURISDICTION Victorian Government legislation and Australian law governs the rental agreement The competent court in Melbourne will settle all disputes relating to the Rental Agreement between the Lessee and the Lessor.

ON LEASING THE LAW ON LEASING CHAPTER I GENERAL PROVISIONS. Article 1. Scope of application

ON LEASING THE LAW ON LEASING CHAPTER I GENERAL PROVISIONS. Article 1. Scope of application LAW NO. 03/L-103 ON LEASING Assembly of Republic of Kosovo, In support of Article 65 (1) of Constitution of the Republic of Kosovo, Adopts: THE LAW ON LEASING CHAPTER I GENERAL PROVISIONS Article 1 Scope