Conditions

TERMS AND CONDITIONS

These Terms and Conditions (“Conditions”) comprise the following parts:

Part A, for the hire of a Vehicle from Bonito Camper; and
Part B, for generic terms and conditions.

PART A – VEHICLE HIRE

Contract Documents

The hire of a Vehicle from Bonito Camper is governed by the Hire Agreement, which consists of:

the Hire Application signed by the Hirer:
these Conditions; and
the Vehicle Condition Report.

Agreement to Hire

The Hirer agrees to hire the Vehicle from Bonito Camper upon and subject to the terms, covenants and conditions contained in the Hire Agreement.
A binding and enforceable contract comes into existence between the Hirer and Bonito Camper on acceptance of the Hire Application by Bonito Camper.
On signing the Hire Application, every specified Driver (refer clauses 4(7) and (9)) acknowledges and agrees, and will be deemed to have acknowledged and agreed to these Conditions and to the Hire Agreement.
When accepting the Hire Application, Bonito Camper will advise the Hirer of:
the Hire Fee;
the Bond;
which nominated person(s) are approved to drive the Vehicle (Driver(s)); and
the time and place where the Vehicle must be returned.

Hire Period

Unless otherwise agreed in writing with Bonito Camper, the hire of the Vehicle will be for a period of less than 12 months, such period commencing from the date on which Bonito Camper accepts the Hire Application.

Driver’s Licence/Proof of Identification

The following rules apply in relation to the persons who are approved by Bonito-Camper to drive the Vehicle:

Only persons specified as a Driver on the Hire Application and approved by Bonito-Camper are permitted to drive the Vehicle.
All persons who the Hirer nominates to drive the Vehicle must be specified in the Hire Application, showing full details of their name, age and residential address.
To be approved to drive the Vehicle a Driver shall:
be over 21 years of age;
hold a valid and current driver’s licence which will remain valid for the Hire Period;
have a credit card (VISA or MasterCard) issued in the name of the Driver.
For interstate and foreign persons, a valid and current driver’s licence for any other State or Territory or an international driver’s licence may be accepted by Bonito Camper.
Non-Australian residents must present a valid and current passport to Bonito Camper at the time of Vehicle pick up or at such other time as Bonito Camper determines.
Bonito-Camper reserves the right to:
seek additional proof or evidence of the criteria set out in clauses 4(2) to (5) inclusive;
decline approval of any person nominated by the Hirer as a driver, including any additional person under clause 4(9) herein.
Every specified Driver:
shall be present at the time of pick up of the Vehicle;
shall provide the information and documentation required under clauses 4(2) to (5) (inclusive) above;
shall sign the Hire Application.
A person will not be approved to drive the Vehicle where:
the person is not nominated as a specified driver on the Hire Application;
the person does not provide the information and documentation required under clauses 4(2) to (5) (inclusive) above;
the person is not in attendance at the time of pick up of the Vehicle; and
the person does not sign the Hire Application.
The Hirer may nominate an additional Driver after the pick up of the Vehicle and Bonito Camper may approve that additional Driver where that person:
attends at a Bonito Camper depot in person;
provides the information and documentation required under clauses 4(2) to (5) (inclusive) above at the time of attendance;
signs the Hire Application.
Bonito Camper will only approve up to two specified Drivers. Bonito Camper reserves the right to charge additional fees where the Hirer requests approval for more than two Drivers.

Vehicle Booking

A Vehicle is booked for hire by reference to type. Bonito Camper reserves the right in its absolute discretion to substitute or replace any Vehicle booked for hire by the Hirer with another Vehicle of the same or similar type if the booked Vehicle is unavailable due to unforeseen circumstances.
If a Vehicle of the same or similar type is not made available to the Hirer as a substitute or replacement Vehicle, the Hirer may terminate the Hire Agreement by giving notice in writing to Bonito Camper to that effect.
Where clause 5(2) applies, the Hirer is only entitled to, and Bonito Camper’s obligations are limited to, a refund of any Hire Fee (or other charges) paid by the Hirer in respect of the Vehicle at the rate or rates specified in the Hire Agreement or, if the Hire Period has already commenced, a pro rata portion thereof.

Condition Of Vehicle

The Hirer acknowledges receipt of a Vehicle Condition Report in respect of the Vehicle on or before commencement of the Hire Period.
The Hirer acknowledges and agrees that the Vehicle is provided by Bonito Camper to the Hirer:
in a good and clean condition except as specified in the relevant Vehicle Condition Report;
in a sound mechanical condition;
with all items as specified in the Vehicle Condition Report;
with the odometer and fuel or LP Gas reading at the commencement of the Hire Period as specified in the Vehicle Condition Report; and
in a condition suitable for the purpose for which it is hired.
The Hirer shall immediately notify Bonito Camper of any defect in or to the Vehicle, including with respect to any matter set out in clause 6(2).

Use Of Vehicle

Without limiting clause 7(2), the Hirer agrees that the use of the Vehicle is subject to the limitations set out in the Hire Agreement.
Without the prior written consent of Bonito Camper, the Hirer shall not use, or permit any Vehicle to be used:
in a manner not considered to be cautious, prudent and consistent with the exercise of reasonable care;
without limiting clause 7(2)(a), in a manner which results in a Single Vehicle Accident;
for any illegal purpose;
for racing or performance testing of any kind;
for towing, pushing or propelling anything other than as approved by Bonito Camper;
to carry a greater load than that for which it was built;
to carry more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
to carry passengers or property for payment or reward;
to transport goods, other than what might be reasonably expected of the use of the Vehicle for ordinary leisure purposes;
to carry any load directly in contact with the surface of the Vehicle;
to carry any inflammable, explosive or corrosive substances;
to transport animals, except for registered guide dogs; or
to jump-start another vehicle.
Without the prior written consent of Bonito Camper, the Hirer shall not drive, or permit any Vehicle to be driven:
on unsealed roads, unless the Vehicle is a 4WD or an off-road Camper;
in circumstances where the Vehicle is, or is reasonably likely to be, damaged either by submersion in water, contact with salt water, or driving through a creek, river or flooded area;
when it is damaged or unsafe or whilst any warning light is illuminated;
in areas in which snow chains are required to be fitted to the Vehicle;
in breach of any legislation, regulations, rules or by-laws relating to road traffic and/or use including, without limitation, where the Vehicle is used contrary to any road sign or other similar warning sign, direction by any Authority or operated by a person who is under the influence of alcohol or any drug (including over the counter and prescription drugs) or illegal substance;
by any person who is under the age of 21 years or is not nominated as a driver in the Hire Application; or
by any person who does not hold a valid and current driver’s licence (whether WA or any other Australian State or Territory or International Driver’s Licence).
The Hirer:
shall not leave a Vehicle, or allow a Vehicle to be left, unattended whilst the ignition key is in the Vehicle;
and any Driver in charge of the Vehicle must not permit any person other than an approved Driver to drive the Vehicle;
and any Driver in charge of the Vehicle must not allow any person including an approved Driver to drive the Vehicle if the person appears to be ill, incapacitated, affected by drugs or alcohol, visibly tired or otherwise unable to properly and safely drive the Vehicle.
It is the Hirer and each Driver’s responsibility to know and comply with all applicable road laws.
Bonito-Camper’s written permission is required where the Hirer seeks to travel to the following areas or use the following roads:

Strzelecki Track, Gunbarrel Highway, Simpson Desert, Oodnadatta Track, Birdsville Track, Tanami Track, the Bungle Bungles, the Plenty Highway, Finke Road,Central Arnhem Road, Arnhem Land, Savannah Way from Normanton to Borroloola, Gibb River Road, Burke Development Road from Chillagoe to Normanton, Cape York from June to October.

The Hirer (and each Driver) shall not drive the Vehicle, at any time, on the Old South Road from Maryvale to Finke, Canning Stock Route, the Lost City in Litchfield Park, the Telegraph section of the road to Cape York , the Old Gunbarrel Highway, Boggy Hole, Cape York from November to May, Fraser Island, Dirk Hartog Island
Bonito Camper reserves the right, at its sole discretion, to impose further restrictions on the places and roads which are not to be accessed or used with the Vehicle. The Hirer will be advised of such further restrictions at the time of pick up of the Vehicle or at any time during the Hire Period where circumstances demand.
The Hirer shall not sub-let, on-hire, or otherwise part with possession of a Vehicle to any third party at any time during the Hire Period.

Monitoring of Vehicle

At Bonito Camper’s discretion, the Vehicle may have a GPS tracking device installed, attached or fitted.
Where so installed, attached or fitted, the GPS tracking device will:
determine the geographical location of the Vehicle for the entire duration of the Hire Period; and
record the manner of usage, speed and distances that are travelled by the Hirer.
Bonito Camper reserves the right to use any information and/or data obtained from a GPS tracking device:
to monitor the activities of the Hirer;
to enforce the Hire Agreement; and/or
otherwise at its sole discretion.

Maintenance, Security, Safety and Care Of Vehicle

The Hirer shall, at all times:
maintain the Vehicle’s engine and brake oils and engine coolant levels to the manufacturer’s specifications;
maintain the Vehicle’s tyre pressure at the level recommended by the manufacturer as specified in the relevant manual;
keep the Vehicle locked and secure and the keys under the Hirer’s personal control and possession and be able to produce the keys if the Vehicle is stolen;
comply with any relevant warning signs, instructions or customer notices affixed to the Vehicle;
contact Bonito Camper immediately should any of the Vehicle’s warning lights indicate any potential mechanical or electrical malfunction; and
do all things necessary to keep and maintain the Vehicle in the state and condition which it was in at the commencement of the Hire Period.
The Hirer shall pay for:
the full cost of repairing or replacing tyres damaged during the Hire Period except where any tyre is defective and is returned by the Hirer to Bonito Camper’s possession so that it can be inspected for the purpose of making a warranty claim against the manufacturer; and
the cost of replacing broken windscreens or windows or replacing chipped or scratched windscreens or windows where that defect makes the Vehicle unroadworthy or dangerous to drive or significantly affects the capacity of the Driver to see properly; and
the cost of replacing lost keys.
Any problems associated with the Vehicle, including equipment failure, must be reported to Bonito Camper within 24 hours and in a manner that gives Bonito Camper the opportunity to rectify the problem during the Rental Period. Failure to do so may compromise any claims for compensation or a refund from the Hirer.

Return Of Vehicle

The Hirer shall return the Vehicle:
to Bonito Camper located at the Agreed Return Location during Bonito Camper’s normal business hours on or before the date and time specified in the Contract or such other date and time as is agreed between Bonito Camper and the Hirer in writing;
in the same condition as it was in at the commencement of the Hire Period as specified in the Vehicle Condition Report; and
with a full tank of fuel or LP Gas as the case may be, provided that where the Vehicle is returned with less that a full tank, the Fuel Service Fee shall apply.
The Hirer acknowledges and agrees that if the Vehicle is not returned in accordance with clause 10(1)(a):
the Vehicle may be reported to the police as stolen;
additional fees and charges will apply including, but not limited to, the Vehicle Transport Fee;
the Hirer shall be responsible for the Vehicle, and these Conditions shall continue to apply, until such time as Bonito Camper performs a final inspection of the Vehicle after the Vehicle has been returned to a Bonito Camper depot.
if a Vehicle is returned with a fuel or LP Gas reading less than the level it was at the commencement of the Hire Period as specified in the relevant Vehicle Condition Report.

Hire Fee and Other Charges

The Hirer agrees to pay to Bonito Camper:
the Hire Fee;
any GST or any other applicable duties or taxes relating to the Hire Fee and /or the Hire Agreement;
the Bond;
any surcharge payable in accordance with clause 11(6);
any interest charges or administration fees payable in accordance with clauses 11(7); and
any other amount payable under these Conditions, including, but not limited to, damages under clause xx.
Bonito Camper’s costs, charges and expenses incurred in connection with any default by the Hirer of its obligations under the Hire Agreement including, without limitation any recovery costs, fines for traffic infringements and any agent’s fees and legal costs (on a full indemnity basis) incurred by Bonito Camper in connection with the contemplated, attempted or actual enforcement, preservation or exercise of any of Bonito Camper’s rights, powers or remedies under the Hire Agreement.
Bonito Camper reserves the right to impose charges for any remedial work required upon an inspection of the Vehicle on its return to Bonito Camper at the expiration of the Hire Period or earlier determination of the Hire Agreement.
To confirm a Vehicle booking the Hirer shall pay to Bonito Camper a deposit equal to the greater of $300 or 20% of the Hire Fee within 7 days of the booking being made. The balance of the Hire Fee is payable no later than 28 days prior to the commencement of the Hire Period.
Bonito Camper reserves the right to:
cancel a booking if any moneys are not paid by the Hirer in accordance with this clause 11; and
increase the Hire Fee or any other charges payable by the Hirer in respect of the Vehicle at any time prior to payment of the Hire Fee in full.
Payments may be made by credit card, cash or electronic funds transfer. The Hirer irrevocably and unconditionally authorises Bonito Camper to charge the Hirer’s credit card and/or bank account nominated by the Hirer for payment of any amounts referred to in this clause and the Hire Agreement.
All payments made by American Express will attract a 3% surcharge. If payment of the Bond is made by Visa or MasterCard a 2% surcharge will apply.
Bonito Camper reserves the right:
to charge interest at the rate of 19% per annum on all outstanding amounts which are due but have not been paid by the Hirer in accordance with the Hire Agreement plus a monthly administration fee of $30 (or such greater amount as is determined by Bonito Camper from time to time) per month or part thereof, such interest and monthly fee to apply from the date payment was due until such time as all outstanding amounts are paid in full; and
to charge an administration fee of $110 (or such greater amount as is determined by Bonito Camper from time to time) for each Claim Event in respect of the Vehicle.
The Hirer acknowledges and agrees that no refunds or credits (partial or otherwise) are payable by Bonito Camper for the early return or late pick up of a Vehicle unless expressly agreed by Bonito Camper in writing.

Bond

To secure the performance of the Hirer’s obligations under the Hire Agreement, the Hirer shall provide a security bond of $3000 or such other amount as Bonito Camper may require from time to time under the Hire Application.
The security Bond must be paid prior to the commencement of the Hire Period.
In addition to the security Bond, the Hirer shall provide a blank credit card form, by way of an imprint of the Hirer’s credit card, and the Hirer expressly authorises Bonito Camper to charge that credit card at any time for any amount payable to Bonito Camper under the Hire Agreement.
Bonito Camper reserves the right to retain the security Bond for a period of either 21 days after the conclusion of the Hire Period, or such other period as is reasonably required by Bonito Camper to determine the Hirer’s liability to Bonito Camper under the terms of the Hire Agreement and to attend to payment of that liability from the security Bond.
Should a security Bond or other charges be satisfied by way of credit card Bonito Camper accepts no liability for variances in exchange rates, interest or fees charged by the Hirer’s financial institution.

Cancellation

Where the Hirer cancels the Hire Application, the following fees shall apply:
If cancelled more than 22 days prior to pick up of the Vehicle, no fee is charged and any monies paid will be refunded.
If cancelled during the period from 21 days to 7 days prior to pick up of the Vehicle, a fee of 20% of the Hire Fee.
If cancelled during the period from 6 days to 1 day prior to pick up of the Vehicle, a fee of 50% of the Hire Fee.
On the day of the pick up of the Vehicle or a no show: a fee of 100% of the Hire Fee.
The fees set out in clause 13(1) are a debt due to Bonito Camper and are payable from monies already paid to Bonito Camper or recoverable by Bonito Camper according to law.
No refund will be payable on an early return of the Vehicle.

Breakdowns and Accidents

If the Vehicle breaks down due to a mechanical fault and the Hirer is not in default under the Hire Agreement, Bonito Camper will use its best endeavours to supply the Hirer with a replacement Vehicle of the same or similar type.
If a Vehicle of the same or similar type cannot be made available to the Hirer as a replacement Vehicle, the Hirer may terminate the Hire Agreement by giving notice in writing to Bonito Camper to that effect.
Where the Hire Agreement is terminated under clause 14(3) herein, the Hirer shall be entitled to, and Bonito Camper’s obligation is limited to, a refund equal to that portion of the Hire Fee that relates to the remaining balance of the Hire Period, less any reasonable administration costs incurred by Bonito Camper.
If the Vehicle is involved in an accident:
which is not attributable to a Driver, Bonito Camper may, in its absolute discretion, elect to supply the Hirer with a replacement Vehicle of the same or similar type;
which is attributable to a Driver, the Hire Agreement shall be deemed as at an end and:
the Hirer and any persons travelling with the Hirer shall be responsible and liable for their own costs to return to their point of origin or such other location they may go to;
Bonito Camper will not supply the Hirer with a replacement Vehicle of the same or similar type; and
the Hirer shall forfeit all monies paid to Bonito Camper; and
Bonito Camper shall be entitled to recover from the Hirer all costs and expenses (including legal costs), incurred relating, directly and indirectly, from the accident.
If any loss or damage occurs in respect of the Vehicle or in respect of any third party or third party property during the Hire Period, the Hirer shall:
promptly report such loss or damage to Bonito Camper;
promptly report such loss or damage to the police if required under any applicable law;
not make or give any offer, admission of liability, promise of payment, waiver, release, indemnity or settlement without Bonito Camper’s prior written consent;
allow Bonito Camper or its insurers at their own cost to conduct or settle any legal proceedings against a third party;
allow Bonito Camper to claim in the Hirer’s name under any applicable vehicle insurance, and the Hirer agrees to do everything that may reasonably be required to assist Bonito Camper in making such a claim including, without limitation, assigning the benefit of any applicable insurance to Bonito Camper;
complete and furnish to Bonito Camper within a reasonable time any statement, information or assistance which Bonito Camper or its insurers may reasonably require including, without limitation, attending at a lawyer’s office and at Court to give evidence; and
forward to Bonito Camper any relevant claims or correspondence from third parties immediately upon receipt.
Failure to do what is required under clause 14(5) may result in the Hirer being responsible for any resulting costs incurred by Bonito Camper.

Hirer’s Liability

The Hirer is liable for any loss or damage to the Vehicles during the Hire Period (“Property Damage”) and any consequential loss suffered by Bonito Camper as a result of such loss or damage (“Consequential Loss”) and to any third party or third party property which arises from the use of the Vehicle by the Hirer or any person authorised by the Hirer during the Hire Period (“Third Party Damage”) and agrees to indemnify, and keep indemnified, Bonito Camper from and against all claims, actions, proceedings, damages, losses, costs, expenses or liabilities arising from, or in connection with, any Property Damage, Consequential Loss or Third Party Damage (as the case may be).
The Hirer’s liability under clause 15(1) shall be unlimited where the Property Damage, Consequential Loss or Third Party Damage (as the case may be):
arises, directly or indirectly, from a breach by the Hirer of any of its obligations under the Hire Agreement;
results from the Vehicle being totally or partially immersed in water regardless of cause;
results from the Vehicle being filled with the wrong fuel;
is to the interior of the Vehicle and requires professional cleaning, deodorising or repair;
is caused by the Hirer failing to secure properly any load or equipment;
is to the tyres or windscreen of the Vehicle;
is to the under body of the Vehicle or is overhead damage including to the roof, bonnet or boot not resulting from a collision or a Single Vehicle Accident;
is caused by the Hirer driving the Vehicle with less than the manufacturer’s recommended level of radiator fluid, oil or tyre pressures or whilst any warning light on the Vehicle is illuminated;
is to any personal property of the Hirer or any relative, associate, passenger or any person known to the Hirer, or any personal property in the Hirer’s possession or control;
cannot be attributed to a specific incident; or
is caused by the Vehicle being driven in a reckless or dangerous manner.
In the event of any Property Damage, Consequential Loss or Third Party Damage, the Hirer agrees to pay to Bonito Camper on demand:
all reasonable costs to return the Vehicle to the condition it was in at the commencement of the Hire Period (fair wear and tear excepted); or
all costs, charges and expenses incurred by Bonito Camper in connection with the repair or reinstatement of the Property Damage or the Third Party Damage (as the case may be) plus any Consequential Loss suffered by Bonito Camper until such repair or reinstatement is completed, and the Hirer expressly authorises Bonito Camper to deduct such amount from the security Bond or otherwise apply the security Bond towards the reduction of such amount.
The Hirer agrees to immediately notify Bonito Camper of any Property Damage or Third Party Damage in writing or by telephoning Bonito Camper on 0061 452 646438. Subject to clause 15(6), the Hirer agrees not to carry out any Repairs without the prior written consent of Bonito Camper.
The Hirer may carry out Repairs without obtaining the prior written consent of Bonito Camper provided that the Repairs do not exceed a cost of $200 and are necessary to prevent further damage to the Vehicle.
Bonito Camper shall reimburse the Hirer for the costs of any Repairs carried out in accordance with clause 15(5) upon production of the original receipts in respect of the Repairs.
The Hirer and every specified Driver is vicariously responsible and liable for any act or omission of any other person who is in the company of the Hirer and/or specified Driver, from time to time, if the act or omission would have constituted a breach of the Hire Agreement if done or omitted to be done by the Hirer and/or specified Driver.

Hirer’s Warranty and Indemnity

The Hirer warrants and represents to Bonito Camper that, as at the date of signing the Hire Application (and for the duration of the Hire Period), all information supplied by the Hirer in connection with the hire of the Vehicle is true, complete and accurate in all respects.
The Hirer shall indemnify, and keep indemnified, Bonito Camper from and against all claims, actions, proceedings, damages, losses, costs, expenses or liabilities arising from, or in connection with, a breach of the warranty and representation given by the Hirer in this clause.

Personal Property Securities Act

The Hirer acknowledges and agrees that:

if, for any reason, Bonito Camper elects to register its security interest in the Vehicle under the PPSA, the Hirer shall indemnify, and keep indemnified, Bonito Camper from and against all costs of doing so;
without prejudice to any of Bonito Camper’s other rights, powers and remedies under the PPSA, Bonito Camper may, at any time, exercise any of the remedies available to it under the PPSA; and
Bonito Camper does not need to give any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.

Legal Proceeding and Claims
Termination of the Hire Agreement

Without prejudice to any of its other rights, powers and remedies under the Hire Agreement or at law, Bonito Camper may, at any time, and without notification, terminate the Hire Agreement and take immediate possession of the Vehicle following any material breach by the Hirer of its obligations under the Hire Agreement.

PART B – GENERAL PROVISIONS

Definitions and Interpretation

Definitions

“Agreed Return Location” means the return location specified in the Hire Agreement or such other location as is agreed between Bonito Camper and the Hirer in writing.

“Authority” means any state or federal government, and any governmental or other public or statutory body, local authority, instrumentality or other authority of any kind having jurisdiction over the Vehicles or anything in relation to the Vehicles.

“Bond” has the meaning given in clause 12.

“Bonito Camper” means Hans Nuber and Gabriela Himstedt, as Trustees of the Nuber Himstedt Discretionary Trust trading as “Bonito Camper” of 17 Capulet Street, Coolbellup Western Australia, 6163, Australia.

“Business day” means a day that is not a Saturday, Sunday or public holiday in Perth, Western Australia.

“Camping Accessories” means any additional items that are included in the Hire Agreement.

“Claim Event” means any event or incident giving rise to a claim, insurance claim, action, proceeding, damage, loss, cost, expense or liability incurred by or against, or made or recovered by or against, Bonito Camper however arising and whether present, future or contingent.

“Driver” means a person specified in the Hire Agreement and approved by Bonito Camper to drive the Vehicle, and, unless otherwise agreed with Bonito Camper, includes the Hirer.

“Driver’s Licence” means an unexpired driver’s licence issued in Western Australia for the particular class relevant to a Vehicle.

“Fuel Service Fee” means such fee as is reasonably charged by Bonito Camper in consideration of the cost to fill the Vehicle’s tank(s) with fuel or LP Gas.

“GST” means any tax imposed by or under the GST Act without regard to any input tax credit.

“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (CTH).

“Hire Application” means an application made via the Bonito Camper website or a third-party provider website for the hire of a Vehicle and/or Camping Accessories.

“Hire Fee” means all fees for the hire of the Vehicle and any Camping Accessories as provided on the Hire Application. Such fees may include (but not limited to):

a daily, weekly, monthly or yearly hire fee, or any combination thereof;
a deposit;
a Bond.

“Hire Period” means the hire period commencing at the date and time specified in the Hire Application and ending at the date and time that the relevant Vehicle is returned to the Agreed Return Location.

“Hirer” means the person who completes and signs the Hire Application and submits it to Bonito Camper for acceptance.

“international driver’s licence” means an unexpired and unrestricted driver’s licence issued by an Authority of any country for the particular class relevant to a Vehicle and which authorises the holder to drive in Australia (provided such authority is written in English).

“parties” means the Hirer, Bonito Camper, and each Driver accepted by Bonito-Camper as provided by this Agreement.

“Repairs” means any repairs to a Vehicle or any Equipment including, but not limited to, mechanical or panel beating repairs and includes any towing, recovering and storing of the Vehicle or Equipment (as the case may be).

“Single Vehicle Accident” means any accident or incident involving a Vehicle but which does not involve the Vehicle colliding with another moving vehicle, and includes (but is not limited to) rollovers and collisions with animals and stationery objects.

“Vehicle” means the vehicle specified in the Hire Agreement and provided by Bonito Camper to the Hirer.

“Vehicle Condition Report” means the report that will be completed by Bonito Camper at the time the Vehicle is picked up by the Hirer.

“Vehicle Transport Fee” means such fee as is reasonably charged by Bonito Camper in consideration of its costs to transport a Vehicle to the Agreed Return Location and any loss of hire income incurred as a result of the Hirer’s failure to return the Vehicle to the Agreed Return Location.

Interpretation

Unless the contrary intention appears:
(a) Headings and bold type are for convenience only and do not affect the interpretation of these Conditions.
(b) Words denoting the singular include the plural and vice versa.
(c) Other parts of speech and grammatical forms of a word or phrase defined in these Conditions have a corresponding meaning.
(d) A reference to a person includes a natural person, partnership, joint venture, association, or corporation and a government or any governmental, local authorities and agencies.
(e) A reference to a document, including these Conditions, includes each document or agreement varying or replacing that document.
(f) A reference to a party includes that party’s successors personal representatives and permitted assigns.
(g) Reference to currency is a reference to the legal currency of Australia.
(h) If the Hirer is more than one person, any agreement, obligation, covenant, representation or warranty on the part of the Hirer shall be deemed to be an agreement, obligation, covenant, representation or warranty on the part of all those persons jointly and each of them severally.
(i) Where the day on or by which any thing is to be done is not a Business Day, that thing must be done on or by the next Business Day.

No Liability

Bonito Campers is not liable:

for any loss or damage to personal property left in any Vehicle, or any property received, handled or stored by Bonito Camper at any time before, during or after the Hire Period.
for any direct, indirect, special, incidental or consequential loss or damage suffered by the Hirer or any other person due to any termination or breach of the Hire Agreement by Bonito Camper or arising out of any breakdown or other fault to a Vehicle and/or any Equipment whether caused by fair wear and tear or any reason whatsoever attributable to Bonito Camper or any third party during the Hire Period, and the Hirer hereby releases and indemnifies Bonito Camper from and against all claims, actions, proceedings, damages, losses, costs, expenses or liabilities arising from, or in connection with, any such breach or circumstance.

Liability and Waiver

The Hirer acknowledges that the driving and use of the Vehicle may be inherently dangerous and may constitute “dangerous recreational activities” within the meaning of the Civil Liability Act 2002 (WA)..
To the maximum extent permitted by law, the Hirer releases, waives, discharges and indemnifies Bonito Camper from any and all Claims and Liabilities which may be made by the Hirer, or on the Hirer’s behalf, for loss, in any way arising out of or related to the driving and use of the Vehicle or the Hire Agreement, including but not limited to property loss or damage, bodily injury or death.
Bonito Camper shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the driving and use of the Vehicle or the Hire Agreement, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
The Hirer has had the opportunity to consider the risks associated with participating in the driving and use of the Vehicle and freely and voluntarily accepts:
- all of the risks (foreseeable and unforeseeable) that may result from the Hirer participating in the driving and use of the Vehicle;
- any and all consequences which may result from those risks (whether foreseeable or unforeseeable); and
- that all Implied Warranties are excluded to the fullest extent permitted by law.
To the maximum extent permitted by law, the total liability of Bonito Camper arising out of, or in connection with, the driving and use of the Vehicle or the Hire Agreement is limited to the total value of the Hire Fee.
This clause:
applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by Bonito Camper;
is intended to be as broad and inclusive as is permitted by law; and
does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
For the purposes of this clause:

“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise.

“Implied Warranties” means all warranties of any nature in relation to the driving and use of the Vehicle (as the case may be) which are implied by law (whether pursuant to the Competition and Consumer Act 2010 (Cth) or otherwise).

“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.

Insurance

The Hirer shall obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events.

Force Majeure Event

If any Force Majeure Event results in Bonito Camper being prevented from, or delayed in, performing any of its obligations to the Hirer:
- then such a delay or prevention of performance shall not be deemed to be a breach of contract or the Hire Agreement;
- no loss or damage shall be claimed by the Hirer from Bonito Camper by reason thereof; and
- Bonito Camper shall use its best endeavours to minimise and reduce any period of restriction or interference occasioned by the Force Majeure Event.
In the event of a Force Majeure Event, Bonito Camper, in its absolute discretion may:
- substitute a different or equivalent Activity in place of cancelled or modified Activity;
- postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Activity if in the absolute discretion of Bonito Camper it is necessary to do so;
- offer a transfer of the Activity, or part thereof, to an alternative date within 36 months (or such longer period as is reasonable and determined by Bonito Camper in the circumstances), which transfer option is subject to availability;
- offer a credit, to the value of any monies paid, which credit will be valid for 36 months from the issue date (or such other longer period as determined by Bonito Camper in its absolute discretion), provided that:
any additional costs payable on the new booking will be payable by the Hirer in full;
additional costs may apply for the Hire, driving and use of the Vehicle in future seasons;
credit terms and conditions are final;
credits are not able to be extended beyond their expiry date; and
the credit, or any balance on a partially used credit, is not redeemable for cash.

Personal Information

The Hirer’s personal information may be used by Bonito Camper and may be disclosed to Bonito Camper’s representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Hire Agreement. Any use or disclosure of the Hirer’s personal information by Bonito Camper will be in accordance with the Privacy Act 1988 (Cth).
The Hirer acknowledges that photos or video of the Hirer may be taken by Bonito Camper or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Hirer specifically requests in writing to Bonito Camper to not use the Hirer’s image. Otherwise, Bonito Camper is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Hirer to use such images for publicity and promotional purposes.

GST

Unless otherwise stated, all amounts payable by the Hirer are inclusive of GST.
The Hirer agrees to pay GST in respect of any goods or services that Bonito Camper supplies to the Hirer and or are supplied to the Hirer on behalf of Bonito Camper.

No Waiver

No waiver or indulgence by any party to the Hire Agreement shall be binding on the parties unless it is in writing. No waiver of a breach of any term of the Hire Agreement shall operate as a waiver of another breach of the same or any other term or condition of the Hire Agreement.

Entire Agreement

The Hire Agreement constitutes the entire agreement between Bonito Camper and the Hirer in relation to its subject matter and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with in the Hire Agreement shall have any effect from the date of signing.

Assignment or encumbrance

The Hirer shall not assign, create any encumbrance in respect of, or dispose of, any of its rights and obligations under the Hire Agreement, including as to any Vehicle.

Governing law
- These Conditions are governed by the laws of Western Australia.
- The parties irrevocably submit to the jurisdiction of the courts of Western Australia.
Severance

If a part of these Conditions is or becomes void or unenforceable, that part is to be severed from these Conditions and all other parts will remain in full force and effect and will not be affected by that severance.

Variation

A variation of any term of the Hire Agreement must be in writing and signed by the parties.

Nature of Relationship

No Hirer, and no driver or passenger of a Vehicle, shall be deemed to be an agent, servant or employee of Bonito Camper, and any express or implied provision in the Hire Agreement which creates, or may create, any such relationship is expressly excluded and negated so far as such exclusion and negation is lawful.
Nothing in the Hire Agreement will be construed as creating or evidencing:
any partnership, joint venture or association; or
any fiduciary relationship or obligation of any kind,

between Bonito Camper and any other party and no party has (and must not represent that it has) any power, right or authority to bind any other party.

Further Assurance

The parties must do all things and sign all documents necessary to give effect to the provisions of the Hire Agreement.

Conditions

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