This agreement is between Brisbane Express Hire (referred to as "Owner") and the individual or entity hiring the trailer (referred to as "Hirer"). By renting a trailer, the Hirer agrees to the terms and conditions outlined below, which are governed by the laws of Queensland, Australia.
Definitions
- "Owner" refers to Brisbane Express Hire.
- "Hirer" refers to the individual or entity hiring the trailer.
- "Trailer" refers to the rental equipment provided by the Owner.
- "Hire Period" refers to the agreed time between pick-up and return of the Trailer.
- "Damage Waiver" refers to an optional agreement to limit the Hirer’s liability for damage to the Trailer under certain conditions.
Rental Period
- The rental period begins when the Hirer collects the Trailer and ends when it is returned to the agreed location and checked by the Owner.
- Extensions to the Hire Period must be arranged and approved by the Owner before the scheduled return time.
- Late returns without prior notice may result in additional fees and penalties (see Section 5).
Fees and Charges
The Hirer agrees to pay the following:
- Base Fee: As displayed at the time of booking.
- Late Return Fee: $100 per day or part thereof for late returns unless previously arranged with the Owner.
- Cleaning Fee: $150 for trailers returned with excessive dirt, rubbish, or requiring additional cleaning beyond normal use.
- Damage Fee: Costs for repair or replacement of any damage caused during the Hire Period.
- Administrative Fee: $25 for processing tolls, fines, or other infringements incurred during the Hire Period.
All fees will be charged to the credit/debit card provided at booking.
Use of the Trailer
The Hirer must:
- Use the Trailer in compliance with all applicable Queensland and Australian road safety laws.
- Ensure the Trailer is not overloaded and does not exceed the manufacturer's maximum load capacity.
- Operate the Trailer only on sealed roads. Use on unsealed roads, beaches, or in water over 10 cm deep is strictly prohibited.
- Inspect the Trailer before use and report any issues immediately to the Owner.
- Safely secure all loads using appropriate equipment and adhere to load restraint guidelines under Australian law.
- Avoid using the Trailer for illegal purposes or activities.
Late Returns
- Trailers must be returned by 8 PM on the final day of the Hire Period unless otherwise agreed.
- Failure to return the Trailer by the scheduled time without prior notice will incur a late fee of $100 per day.
- Returns exceeding 24 hours late without notice will be reported as theft, and legal action may be taken.
Hirer’s Liability
The Hirer agrees to:
- Return the Trailer in the condition it was hired, excluding normal wear and tear.
- Be fully responsible for any loss or damage to the Trailer, including theft or vandalism, during the Hire Period.
- Cover the costs of recovery, repairs, or replacement of the Trailer, including administrative and transport fees.
- Indemnify the Owner against any claims, damages, or liabilities arising from the Hirer’s use of the Trailer, including third-party injuries or property damage.
Damage Waiver
- The Damage Waiver, if purchased, limits the Hirer’s liability for damage to the Trailer under normal use conditions.
- The Damage Waiver does not cover:
- Damage due to negligence, misuse, or overloading.
- Damage caused while driving on unsealed roads or prohibited areas.
- Loss or theft of the Trailer.
- The Damage Waiver is not insurance but a contractual limitation of liability.
Insurance and Third-Party Liability
- The Trailer is covered for damage to the Trailer itself but not for damage to the towing vehicle, third-party vehicles, or other property.
- The Hirer must ensure their towing vehicle is insured and compliant with road laws.
- The Hirer is responsible for any legal or financial consequences arising from their use of the Trailer.
Cancellation and Refunds
- No refunds will be provided for early returns.
- Cancellations will not be eligible for a refund unless approved by the Owner.
- In cases of trailer unavailability due to faults, the Owner may issue a refund or provide a suitable replacement.
Traffic Violations and Tolls
- The Hirer is responsible for all tolls, parking fines, or traffic infringements incurred during the Hire Period.
- The Owner reserves the right to charge a $25 administrative fee per infringement.
Privacy and Data Collection
- The Owner collects personal information for the purpose of processing rentals and ensuring compliance with legal obligations.
- The Hirer’s information will not be shared with third parties unless required by law or to recover outstanding fees.
Dispute Resolution
- Any disputes arising from this agreement will first be addressed through mediation between the parties.
- If unresolved, the matter will be escalated to the appropriate Queensland legal authority.
Governing Law
This agreement is governed by the laws of Queensland, Australia. Any disputes shall be subject to the jurisdiction of Queensland courts.
Entire Agreement
This agreement constitutes the entire understanding between the Hirer and the Owner. No oral representations or external agreements shall alter these terms.
- Terms of return (i.e. number of days)
- State of return (e.g. unworn)
- Reason for return (e.g. damaged or wrong product)
- Process for return (i.e. how to initiate a return, how to contact customer service)
- Process of refund (i.e. terms of refund, duration, payment details)
- Contact details