Your Rental Agreement is the document you sign when you pick up your vehicle (generally headed “Car Rental Agreement”) which includes a summary of your rental. By signing the Rental Agreement, you indicate that the details in the Rental Agreement are correct as well as your acceptance of:
the terms set out in the Rental Agreement;
these Rental Terms; and
any Additional Terms provided (together, the Agreement).
The Agreement is made with Kombi Camping (ABN 21 248 912 725), SA 5118.
If any term is illegal or unenforceable, that term is severed from the Agreement and the remaining terms continue to apply.
Responsibility
We are responsible to you for providing the vehicle in a safe and roadworthy condition and if we are unable to do this at the time of hire, we will provide a full refund.
You have rights against us under consumer protection laws relating to the vehicle and other goods or services we provide to you under the Agreement that we cannot exclude or limit (Consumer Law Liability).
Except for Consumer Law Liability, we will not cover you for indirect or consequential loss, loss of profits or loss of opportunity.
Without limiting our Consumer Law Liability, our total liability to you under the Agreement is capped at the amount paid by you to rent the vehicle.
We are not responsible for statements made by travel agents or third-party booking services as they are not our employees or agents.
You must care for, use and return the vehicle in accordance with the Agreement and pay the amounts due. Additionally, you confirm and agree that all information provided by you including your contact details are true and correct.
You must ensure that you hold a valid licence to operate the vehicle rented.
You must ensure that you comply with all applicable laws and regulations relating to the use of the vehicle.
You unconditionally and irrevocably release and discharge Kombi Camping with effect from the date of signing indicated on the Car Rental Agreement (the Effective Date) from any and claims (personal injury or otherwise), demands, damages, losses (direct and indirect), costs (including legal and other professional costs), outgoings and liabilities of whatever nature which may arise out of, or suffered, or incurred by you as a result of your misuse of the vehicle, Prohibited use of the vehicle, or use of the vehicle in a manner inconsistent with the operational instructions provided for the vehicle.
Disputes
We aim to resolve all complaints and disputes amicably, within 15 business days.
Please contact the Manager for further information:
We reserve the right to terminate your Agreement at any time by providing 2 days written or verbal notice if:
you have not paid an invoice or any other request for payment (whether verbal or in writing) or your Card is declined, or your bank reverses the charges made to your Card and you fail to pay the amount due within 24 hours of being notified by Kombi Camping that the invoice is outstanding;
we are required by the police or any other regulatory authority to take possession of the vehicle from you;
the vehicle is not returned by the agreed return date;
we reasonably believe you have materially breached, or are likely to materially breach, the Agreement; or
we have reasonable grounds to believe there has been or likely to be a Prohibited Use of the vehicle.
In the event of termination and/or repossession you will not be entitled to a refund of any part of the rental charges in so far as the termination and/or repossession is caused by your actions or omissions.
We may terminate your Agreement at any time on seven (7) days’ notice.
Any terms of the Agreement that are intended to apply after the termination of the Agreement, will survive including the terms in Damage and Loss.
Vehicle Pick-up
Associated Charges
You agree to pay the rental rate for the vehicle, compulsory fees, fees for any optional services and other fees that may arise during your rental.
Your Rental Agreement shows an estimate of any charges agreed to at the start of the rental for the period indicated on the Car Rental Agreement.
We typically reserve an amount on your credit card (or take a deposit) at least equal to the estimated charges plus an Excess Damage Fee (EDF) (AUD $2000, the amount is shown on your Car Rental Agreement). This reserved amount may be released (or deposit refunded) on return of the vehicle following payment of the rental charges.
Vehicle
“the vehicle” means the motor vehicle described on the Car Rental Agreement.
It is your responsibility to check the overall condition of the vehicle at the start of the rental period and on return. We will provide a summary of any pre-existing damage on our Vehicle Condition Report on your Car Rental Agreement.
You are responsible for looking after the vehicle and reducing the risk of breakdown and damage by making sure there is not a Prohibited Use of the vehicle (defined below). You must also make sure you use the correct fuel and check the tyre pressures, oil and other fluids are maintained at the specified level, refilling as necessary.
You are responsible for returning the vehicle in the same condition as it was in when we provided it to you, subject to fair wear and tear.
We will supply your vehicle with a full tank of fuel. You will need to return the vehicle with a full tank, using 98 Octane fuel only, or pay for the additional fuel required to fill the tank on return at the price indicated on the Car Rental Agreement.
Drivers
It is a requirement that drivers must be 21 years of age or over.
As the renter, you may allow other persons to drive the vehicle provided that you have checked that the person meets the age and licence requirements specified in this section and that they are either:
any other person approved in writing by Kombi Camping.
If a driver does not meet the above requirements, they must be added to the rental as an additional driver and must show us their licence. An Additional Driver Fee is payable.
You and any person driving the vehicle must be 21 years of age or over (unless approved beforehand in writing by Kombi Camping) and must hold and present a current drivers licence that:
is in English or, if not in English, is accompanied by a certified English translation;
is valid for driving the vehicle;
is not a learner’s permit;
the driver has held for at least twelve consecutive months; and
satisfies any other conditions on the Rental Agreement or in any Additional Terms.
During rental period
Fines and other Associated Charges
You are responsible for all fines, private parking charges, road tolls and other similar charges (including parking fines or charges) incurred in relation to the vehicle during the rental period. We will work with authorities for them to pass on notices of fines and parking charges to you, and we will also charge you a processing fee.
Vehicle Breakdown
If you experience any problem with the vehicle due to mechanical failure you agree to stop driving (as soon as practicable), park the vehicle and call our roadside assistance.
You must not re-commence driving the vehicle unless directed to do so by the roadside assistance service. You must not move the Vehicle unless this is necessary to prevent further damage to the Vehicle or damage to other property or vehicles.
Accidents
If you have an accident or if the vehicle is stolen, you agree to co-operate with us in any investigation or subsequent legal proceedings. You must also take the following steps:
you must inform Kombi Camping in the event of any accident irrespective of whether it results in the vehicle being damaged or lost, or in the event of theft. You must report the accident to Kombi Camping as soon as practicable and in any event within 24 hours. In the event that you fail to notify Kombi Camping within 24 hours and Kombi Camping incurs additional costs as a result of the failure to inform then you may be charged for any additional costs reasonably incurred by Kombi Camping. Report the accident to the police as soon as you can if anyone has been injured or any property has been damaged;
if you have an accident involving another vehicle: do not admit liability you must obtain the other driver’s name, address, telephone number, insurance company details, drivers licence number, vehicle registration, vehicle make/model and a copy of the police report if one has been created.
Prohibited Uses
If there is a Prohibited Use of the vehicle, we may terminate the Agreement and take back the vehicle at any time at your expense. If the Prohibited Use has caused, or contributed to, loss or damage to the vehicle, you are liable for that loss or damage up to the full value of the vehicle (not limited by the EDF) and related losses and fees including third party losses as explained in the Damage and Loss section.
Prohibited use of the vehicle includes but is not limited to:
driving on an unsealed (dirt) road;
you or your passengers acted recklessly or with deliberate intent to cause loss or damage to the vehicle;
the vehicle is damaged in the following ways:
the driver caused the vehicle to roll, tip or fall over and this has caused damage to the side and/or roof area of the vehicle;
the driver caused undercarriage damage to the vehicle;
a person sits or stands on the roof of the vehicle;
the driver causes damage above the windscreen line to the front, rear or side of the vehicle including but not limited to damage caused by striking overhead or overhanging objects (such as trees and bridges or entering carparks with insufficient clearance) or securing luggage, skis or other items to the vehicle’s roof causing damage;
the driver drove the vehicle with a flat tyre, ignored a warning light, put the wrong fuel in the vehicle or lost the keys;
driving the vehicle while under the influence of any drug, substance or intoxicating liquor to the extent that driver’s ability to control the vehicle is impaired or where the driver’s blood level of any drug or alcohol is over the applicable State or Territory legal limit. If a person refuses or fails to provide a breath, blood or other sample when lawfully required to do so by police or as required by law, the driver is deemed to be over the legal limit;
the fitting of objects to the interior or exterior of the vehicle that are not authorised by Kombi Camping;
failing to take reasonable precautions to safeguard the vehicle such as leaving windows open or keys in the vehicle;
the vehicle is used for committing an illegal or unlawful act (other than a traffic offence which does not automatically result in the loss of a drivers’ licence in the applicable State or Territory);
the use of the vehicle by a person who was not authorised by Kombi Camping as the main or additional driver or did not meet the driver requirements in the Agreement;
the vehicle is sub-rented, transferred or sold;
the vehicle is used to carry passengers (e.g. as a taxi or car sharing arrangement) unless Kombi Camping consents in writing, or to carry cargo for hire, reward or remuneration;
the vehicle is overloaded with passengers and/or baggage;
the vehicle is driven on a beach or through a flooded road or otherwise through a body of water (including but not limited to a pothole, ditch or riverbed), or natural disaster which could be avoided including fire, storm or cyclone;
If the vehicle is used for a Prohibited Use:
you are responsible for any damage or losses up to the full value of the vehicle and other fees, related losses and expenses including towing and 3rd party damage as explained in the ‘Damage and Loss’ section; and
we may terminate the Agreement and take back the vehicle at any time at your expense.
You may incur an additional fee if the vehicle is returned in an excessively dirty condition or with excessive odour including but not limited to:
the smell of tobacco from smoking in the vehicle;
dirtiness or smell caused by having an animal in the vehicle
excluding registered service animals; or
excessive dirt or mud on the exterior of the vehicle.
Damage and Loss
If the vehicle is lost, stolen, abandoned or damaged during the rental (e.g., involved in an accident), for each incident you are responsible even if it was not your fault (e.g., other driver’s fault). This liability applies except to the extent that:
the damage constitutes fair, wear and tear;
the loss or damage is directly due to our negligence or wilful default including our failure to properly maintain the vehicle; or
the damage or loss was caused by a third party, and you have complied with your obligations under the Accidents section so that we have sufficient details about the third party and/or their insurer for us to recover the loss or damage from the third party and/or their insurer. We may charge you the estimated damages or your applicable excess (whichever is less) per incident and once the loss or damage is recovered, we will refund you any difference owed; or
the damages comprise of personal injuries covered by compulsory third party insurance or a statutory transport accident compensation scheme.
Vehicle Return
Returning the vehicle
You must return the vehicle to the return location by the date and time stated on your Car Rental Agreement, or as otherwise agreed with us, or additional charges may apply.
Lost or stolen vehicles
If the vehicle is lost, stolen or damaged or a 3rd party is involved in the incident, Kombi Camping will charge your card while investigating the incident and assessing the amount of the damages. After the investigation and damage assessment concludes, Kombi Camping will do one of the following:
if Kombi Camping finds that you were not liable for the incident and Kombi Camping is able to recover the full amount from the third party then the amount charged on your card will be refunded; or
if Kombi Camping finds that you are liable and:
the amount charged on your card was more than the EDF amount of the damages, Kombi Camping will refund you the difference; or
if the amount of the damages was more than the EDF amount charged on your card, further charges will be levied.
If the Vehicle is damaged and no third party is involved in the incident, Kombi Camping will notify you (where a valid email address is provided) that a damage incident has been recorded and will commence a damage assessment. After the damage assessment concludes, Kombi Camping will do one of the following:
if the assessment determines that you were responsible for the damage then Kombi Camping will charge your card prior notification (where you have provided a valid email address); or
If there has been a breach of a Prohibited Use which has led to loss or damage, then you will be liable for all costs and damages associated with the incident.
You are responsible for the security of the vehicle and any accessories provided and should try to minimise the risk of theft or vandalism by parking in a safe place. Always remove valuable items from sight and make sure the vehicle is locked. You must also comply with our return instructions.
Personal property
You are responsible for loss or damage to your or your passengers’ personal possessions in the vehicle even if it was not your fault.
You must ensure you remove all your belongings when you return the vehicle to Kombi Camping. We are not liable for property left in the vehicle when it is returned to Kombi Camping. If property is found in the vehicle after you leave, we will take reasonable steps to recover and return lost property to you. You may be charged the cost of postage, delivery or courier plus a processing fee.
Food and Beverages
Waiver of liability against Kombi Camping
Kombi Camping and the Prince Albert Hotel Gawler (ABN 45 626 149 488) (PA) have an agreement for PA to supply foodstuffs and beverages to Kombi Camping as an optional package add-on (Optional Food and Beverage Package).
By signing the Car Rental Agreement and waiver in relation to the Optional Food and Beverage Package, you agree to:
unconditionally and irrevocably release and discharge Kombi Camping with effect from the date of signing indicated on the Car Rental Agreement (the Effective Date) from any and all liabilities associated with any foodstuffs and beverages provided to you by PA (if included as part of your package).
irrevocably waive with effect from the Effective Date all and any rights whatsoever and howsoever arising which you may now have or which you may have had at any time in the past or which it may have at any time in the future to bring a claim against Kombi Camping, including but not limited to any existing or potential claim, counterclaim, right of set-off, indemnity, cause of action, demand, right or interest [in any jurisdiction and] whether in law or in equity (including negligence) by you against Kombi Camping, including costs, interest and taxes, whether known or unknown to the parties or to law, or suspected or unsuspected, whenever or howsoever arising under out of or in connection with or in relation to the liabilities (Claim) associated with any foodstuffs and beverages provided to you by PA (if included as part of your package).
fully indemnify Kombi Camping at all times from all and any claims, demands, damages, losses (direct and indirect), costs (including legal and other professional costs), outgoings and liabilities of whatever nature which may arise out of, or suffered, or incurred, or made by Kombi Camping because of, or in connection with, Kombi Camping’s non-performance of the liabilities from the Effective Date associated with any foodstuffs and beverages provided to you by PA (if included as part of your package).
