These Terms and Conditions apply to any

Agreement between Elements RV World and the

Hirer whose name and address appear in the

Rental Agreement.

Elements RV World and the Hirer agree as follows:

 

1. CONSUMER RIGHTS STATEMENT

All of the Hirer’s rights set out in this Agreement are in addition to your rights as a consumer

pursuant to applicable consumer protection laws, including the Australian consumer law.

Such rights are not excluded, restricted or modified by operation of this Agreement. The

Hirer may find out more about the Hirer’s rights from consumer organisations and bodies

including Australian Competition and Consumer Commission. Please contact us if you have

any questions about these terms and conditions.

 

2. DEFINITIONS

In this Agreement, unless the context clearly indicates otherwise:

‘Agreement’ means any Confirmation and/or the Rental Agreement;

‘Bond’ means the amount paid by the Hirer on pick-up of the Vehicle to cover any liability or

other amounts owed by the Hirer under this Agreement;

‘Collection Point’ means the collection point for the Vehicle specified in the Confirmation

and/or Rental Agreement;

‘Confirmation’ means the confirmation of the Hirer’s booking from Elements RV World

confirming Vehicle type, Fee, Bond, Term of Hire, Start Date, Return Date, Collection Point

and Return Location;

‘Credit Card’ means a credit card or debit card

‘Insurance Options’ means the excess reduction covered described in clause 9 which only

applies if it is specified in the Rental Agreement;‘Fee’ means daily rental costs and any additional fees as agreed;

‘Hirer’ means the person or persons nominated as the customer/hirer/Authorised Driver and

any person whose credit card is presented for payment of the Hirer’s charges;

‘Elements RV World’ means Elements RV World World Limited;

‘Rental Agreement’ means the document entitled Rental Agreement which has been signed

for and on behalf of the Hirer and the Terms and Conditions;

‘Return Location’ in respect of the Vehicle, means the return location specified in the

Confirmation and/or Rental Agreement;

‘Terms and Conditions’ means the terms and conditions set out in this document; and

‘Vehicle’ means the Vehicle hired by the Hirer and includes tyres, tools, accessories, and all

other equipment, documents or additional hire items related to the Vehicle and any

replacement or substitute Vehicle that may be provided.

 

3. RENTAL DURATION

a) The term of hire (‘Term of Hire’) in respect of the Vehicle shall commence at the time and

date specified in the Rental Agreement (‘Start Date’) and cease at the time and date

specified in the Rental Agreement (‘Return Date’). Campervan charges are calculated on a

calendar day basis. When calculating the number of days the Vehicle is rented, the Start

Date is counted as day one of the rental, regardless of pick-up time. The Return Date is

counted as the final day of the rental regardless of drop off time.

b) Minimum rental periods are subject to change, and any such change will be notified to

the Hirer prior to Confirmation and once a Confirmation has been received by the Hirer,

Elements RV World may not alter the minimum rental period for that booking.

​

4. RATES, AMENDMENTS AND CANCELLATION CONDITIONS

a) The Agreement and the rates and conditions quoted in our website, brochures and/or

documentation are subject to change without notice. However, (subject to changes in

legislation or system generated errors) Elements RV World will not alter this Agreement or

the rates or conditions applicable to the Hirer’s rental once the Hirer has received

Confirmation, unless the booking is amended at the Hirer’s request.b) All amendments to a booking are subject to availability and approval by Elements RV

World . If a reservation, Return Location, category or Vehicle type, Collection Point, Start

Date or Return Date is amended prior to collection by the Hirer, the applicable rate for the

Vehicle may in the absolute discretion of Elements RV World be re-calculated to the new

rate applicable at time of amendment, the Hirer will be advised of any change in rate at the

time. Rate recalculations are based on the rate at the time of reservation or the new rate at

the time of amendment.

c) All changes to a booking, including extensions to the Return Date, are subject to

availability and approval by Elements RV World and must be requested through Elements

RV World at least 48 hours prior to the Return Date or any agreed extension thereof. In the

event of any unauthorised extension to the Return Date, the Hirer shall pay the current daily

rental rate for each day until the Vehicle is returned and an additional late return fee of such

amount Elements RV World nominates as its reasonable costs in connection with such

unauthorised extension being not more than $500. In the event of any unauthorised change

to the Return Location, the Hirer shall pay a relocation fee as determined by Elements RV

World acting reasonably but in any event not in excess of $500.

d) A 20% deposit is required at the time of booking and/or following any amendment in

order to receive a Confirmation.

e) If the booking is cancelled up to 60 days prior to the Start Date, a full refund of the

deposit will be made (not including any credit card administration fee). If a booking is

cancelled between 25-60 days prior to the Start Date, 10% of the booking value is

chargeable as a cancellation fee. If the booking is cancelled 7-24 days prior to the Start

Date, 30% of the booking value is chargeable as a cancellation fee. If the booking is

cancelled 1-6 days prior to the Start Date, 50% of the booking value is chargeable as a

cancellation fee. If the booking is cancelled within 24 hours of departure or the Hirer does

not collect the Vehicle from the Collection Point, then 100% of the gross rental is

chargeable.f) If you change the pick-up date within the cancellation time frames in (e) above and then

you cancel the amended booking; the original cancellation fee will apply.

g) If COVID-19 restrictions prevent you from collecting your Elements RV World rental, you

will receive a 100% credit of any amount paid towards a future booking.

h) Credit must be used for travel within one year from the original pick-up date and must be

booked under the same name as the original booking. New bookings/changes are subject

to availability, new daily rate and booking conditions at the time of booking apply. Credit is

non-transferable and new booking must be under the main hire’s name.

​

5. PERSONS WHO MAY DRIVE THE VEHICLE

a) The Vehicle may only be hired and driven by the persons specified as an authorised

driver in the Rental Agreement, and only if: they hold a current and full driver’s licence

appropriate for the Vehicle in English, which must be presented to Elements RV World at

time of collection of the Vehicle (‘Authorised Driver’). Only persons 18 years and over may

be an Authorised Driver in respect of a Vehicle. If the Licence of an Authorised Driver is not

in English, it must be accompanied by an accurate English translation of the whole licence

including any conditions. The translation must be provided by an NZ Transport Agency

approved translator, diplomatic representative at a high commission, embassy or consulate

or authority that issued the licence. Such translation must be provided to Elements RV

World prior to collecting the Vehicle. An International driver licence or permit must always

be accompanied by an original and current driver licence.b)) Please note a NZ restricted licence and Australian Green P licence will be accepted.

However, if the Authorised Driver’s licence has any restrictions or conditions imposed on or

in connection with that licence, the Authorised Driver shall ensure that such conditions are

complied with and the Authorised Driver is aware that any Excess Reduction Cover may be

voided and this agreement may be terminated if such restrictions or conditions are not

adhered to. A Learner’s licence or comparable will not be accepted.

c) Once the Vehicle has been collected, if any additional persons wish to drive the Vehicle,

they must call Elements RV World to get Elements RV World ’ prior approval and they must

comply with clauses (a) and (b) above.

​

6. HIRER’S OBLIGATIONS

a) The Hirer acknowledges having received the Vehicle in a clean condition, with a full fuel

tank and full bottle of gas (if applicable). The Hirer will return the Vehicle in a clean condition

with a full fuel tank and a full bottle of gas (if applicable, and subject to any pre-purchase

fuel and/or pre-purchase gas option being taken), on the Return Date at the time and at the

Return Point set out in the Rental Agreement.

b) The Hirer must ensure that all the reasonable care is taken in handling and parking the

Vehicle and that it is left securely locked when not in use.c) The Hirer must ensure that the recommended levels are maintained with respect to the

water in the radiator and battery, the oil and the tyre pressures of the Vehicle.

d) Smoking and/or animals (excluding registered guide or assistance dogs) are not

permitted in the Vehicle at any time. If this condition is breached, the Hirer must pay to

Elements RV World a cleaning fee determined by Elements RV World in its reasonable

opinion and being not more than $250.

e) The Hirer must ensure that all Authorised Drivers comply with and all Authorised Drivers

are aware they are bound by this Agreement.

f) All authorised Drivers must carry their driver’s licence with them when driving the Vehicle.

g) In the event of any damage to or accident involving the vehicle during the Term of Hire,

the Hirer must notify Elements RV World of the full circumstances of the damage as soon

as practicable (being not more than 24 hours) from the time the Hirer has knowledge of the

damage.

h) If there is an equipment defect or mechanical failure of the Vehicle during the Term of

Hire, the Hirer must notify Elements RV World as soon as practicable, and in any event

within 24 hours, from the time the Hirer has knowledge of the defect or failure so as to give

Elements RV World the opportunity to rectify the problem during the Term of Hire and

ensure the problem does not escalate. Elements RV World does not accept liability for any

claims submitted after this period.i) The Hirer must ensure that a copy of this Agreement is kept in the Vehicle throughout the

Term of Hire and produced without delay for inspection on demand by an enforcement

officer.

j) The Child Restraint Law stipulates that children under 7 must be properly restrained in an

approved child restraint. It is the Hirer’s responsibility to ensure the child restraint is installed

correctly not Elements RV World.

k) It is the Hirer’s responsibility to be aware of and act in compliance with all the Australian

National Transport Commission rules and regulations.

l) The Hirer shall not use or permit the Vehicle to be used for the transport of passengers for

hire or reward.

m) The Hirer shall not:

(i) drive or use the Vehicle (or permit the Vehicle to be driven or used) otherwise than in a

cautious manner. For the purposes of these terms and conditions, a single vehicle rollover

shall be considered a breach of this clause 6(l)(i);

(ii) Sublet or hire the Vehicle out to any other person;

(iii) Permit the vehicle to be operated outside the Hirer’s authority;(iv) Operate the Vehicle, or allow it to be operated under any influence of alcohol or

illegal drugs;

(v) Operate the vehicle, or permit it to be operated in any race, speed test, rally or contest;

(vi) Operate the Vehicle or permit it to be operated in breach of the Act, Transport Act

1962, Land Transport (Road User) Rule 2004 or any other Act, regulations or bylaws

including Australian National Transport Commission rules relating to road traffic;

(vii) Operate the Vehicle or permit it to be operated for the transport of more than the

number of passengers or more than the gross vehicle mass specified in the certificate of

loading for the Vehicle;

(viii) Drive or permit the Vehicle to be driven by any other person that is not the holder of a

current driver’s licence appropriate for the Vehicle;

or

(ix) Use the Vehicle for the purpose of a courier or delivery service.

n) The Hirer must ensure that no persons interfere with the odometer or speedometer, or

(except in an emergency) any part of the engine, transmission, and braking and/or

suspension systems of the Vehicle.o) The Hirer confirms that all information supplied by them to Elements RV World in

connection with this Agreement is true and accurate and the Hirer will immediately notify

Elements RV World of any change to the information.

p) The primary concern of Elements RV World if the well-being of the Hirer and the

occupants of the Vehicle and, for safety purposes, Elements RV World reserves the right at

its sole discretion, to restrict Vehicle movements in certain areas due to adverse road or

weather conditions, and the distance to nominated destinations in relation to the length of

hire period. Elements RV World will advise you on pick up of any travel restrictions known

at that time.

​

7. PAYMENT BY HIRER

a) Prior to collection of the Vehicle, the Hirer must pay Elements RV World in full the fees

(‘Fees’), excess amount/bond (‘Bond’) and any other amounts specified in the Rental

Agreement and present a credit card in the Hirer’s name that is acceptable to Elements RV

World for payment of such amounts. Subject to the terms and conditions of this Agreement,

the Hirer agrees to pay on demand any additional fees and costs that are incurred by the

Hirer or are payable by Elements RV World in connection with the hire of the Vehicle by the

Hirer including parking charges and fines, toll road charges and fines, camping charges and

fines, speeding and other traffic offence fines, late return fees, relocation fees, and cleaning

fees. In addition, the Hirer authorises Elements RV World to debit the Hirer’s credit card for

those additional costs which become apparent following the Term of Hire.b) The Hirer must pay for all petrol or diesel (but not oil) used in the Vehicle during the Term

of Hire.

c) The following credit cards are acceptable: Visa, MasterCard & American Express. A

credit card surcharge fee of 2.7% applies for the use of visa and mastercard credit cards

for payment and Bond purposes. The credit card administration fee will not be refunded if

the Hirer cancels the booking.

d) Some banks and credit card providers may impose fees for certain transactions,

including currency conversion fees. Any fees and other charges which may be charged to

the Hirer or the Hirer’s bank or credit card provider will be the Hirer’s sole responsibility, and

for the avoidance of doubt, are not included in any rate or sum provided by Elements RV

World .

e) The Hirer accepts the risk of any currency exchange rate fluctuations (including in

relation to refunds and return of Bonds) and accepts that Elements RV World has no

control over any currency conversion rates or fees.

f) If a credit card is presented as payment, the credit card holder is jointly and severally

liable as a Hirer. The Hirer agrees that:

(i) Elements RV World shall be entitled to retain the Hirer’s credit card details in

accordance with the Payment Card Industry – Data Security Standard and to take any

action to recover from the Hirer’s credit card all amounts due by the Hirer pursuant to this

Agreement, including any amounts due in respect of damage to the Vehicle or property of a

third party and all other additional charges as set out in this Agreement and as listed in this

document; and(ii) Elements RV World may process credit card charges relating to the Rental Agreement

up to 6 months after the Term of Hire.

​

8. HIRER’S LIABILITY

a) If multiple persons are described as the Hirer in the Rental Agreement, each person is

jointly and severally responsible for all fees, charges, and other obligations pursuant to this

Agreement.

b) Subject to clause 8(e), The Hirer is liable to Elements RV World for and shall indemnify

Elements RV World against:

(i) any loss of, or damage to, the Vehicle (including any accessories);

(ii) any consequential damage, loss, or costs incurred by Elements RV World , including

salvage costs, loss of ability to rehire and loss of revenue; and(iii) any loss of, or damage to Vehicles arising from the use or misuse of the Vehicle by the

Hirer, any Authorised Drivers, person whom the Hirer or passengers in the Vehicle during

the Term of Hire, to the extent that such loss, damage or costs have been caused by or

contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to

drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, provided that the

Hirer’s liability may be reduced to the amount of the relevant Excess Reduction Cover in

respect of an incident subject to the terms and conditions of this Agreement.

c) Subject to clause 8(e), the Hirer agrees to release and shall indemnify Elements RV

World from and against all actions, claims, demands, losses, damages, costs, expenses,

harm or other misadventure which the Hirer may suffer or incur or become liable for as a

result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act,

error or omission of the Hirer, any Authorised Driver, invitee of the Hirer or passenger in the

Vehicle or any misuse of the Vehicle by the Hirer during the Term of Hire.

d) Notwithstanding any provision in this Agreement to the contrary, the Hirer is not liable to

Elements RV World for any loss to the extent that is caused by us (for example, through

our negligence or breach of contract).

e) This clause 8 will survive termination of this Agreement.

 

9. INSURANCE OPTIONS

a) The Hirer may choose the No Worries or Risky Business for coverage of the Vehicle. The

Bond payable in respect of the Vehicle or any incident shall be in accordance with the

excess reduction package option selected by the Hirer at the time of Collection and

specified in the Rental Agreement, being either of the “No Worries" ($0 Bond) or “Risky

Business" ($5,000 - $7,500 Bond) options, and the excess applicable to such option will

apply together with the appropriate rate of payment.

​

10. INSURANCE COVERAGE

All Insurance Coverage Options are subject to the provisions and exclusions set out below:

a) The Hirer may purchase and pay the daily rental rate for one of the Insurance Options to

reduce the Standard Excess payable by the Hirer under Elements RV World cover

(‘Insurance options’).

b) Subject to clause 11, the Hirer’s liability is covered by the relevant insurance options

selected up to a maximum of $2,000,000.

c) The Hirer’s liability for damage applies in respect of each separate accident, incident or

new damage, not each rental.d) This clause 10 does not apply if the Hirer rejects Excess Reduction Cover. If the Hirer

elects not to use Insurance Options, the excess payable by the Hirer is the Standard

(Danger Zone) Excess as per the Rental Agreement and is payable for each and every

event involving the Vehicle.

​

11. INSURANCE EXCLUSIONS

Insurance Options does not apply in the following events or in respect of the following fees,

damages, expenses and/or costs and the Hirer will be fully liable for all fees, damages,

expenses and/or costs as specified and/or which are associated with the relevant event:

a) The driver of the Vehicle is under the influence of alcohol or any drug that affects their

ability to drive the Vehicle.

b) The Vehicle is in an unsafe or un-roadworthy condition that arose during the Term of Hire

and such condition has caused or contributed to the damage or loss, and the Hirer or driver

of the Vehicle was aware or ought to have been aware of the unsafe or un-roadworthy

condition of the Vehicle.

c) The Vehicle is driven by any person not identified as an Authorised Driver in the Rental

Agreement.d) The Vehicle is damaged as a result of submersion in water, including as a result of

crossing creeks, rivers, flooded fords, salt water or on beaches, driving through low plain

flooded areas or if there was a reasonably foreseeable risk of the Vehicle’s submersion in

water (for example, while parked in a below ground parking garage).

e) The Vehicle is used in any off road conditions. Off road conditions include: fire trails,

beaches, sand, tracks, fields or paddocks. The only exception to this is reasonable use of

access roads to recognised commercial campgrounds.

f) The Vehicle is driven when a warning light appears or where the coolant temperature

gauge enters a red zone (High).

g) The use of roof racks and snow chains on the Vehicle where such roof racks or snow

chains have not been hired through Elements RV World.

h) The Vehicle including its accessories and spare parts is damaged as a result of

incorrect fitting or use of snow chains or ski/snowboard racks, roof racks or bicycle racks

i) The Vehicle is driven on a road or ski resort access road without snow chains when snow

chains are required to be fitted by the relevant local authority, Australian Police or the

relevant ski resort

j) The costs to replace keys which have been lost, broken or damaged, the cost of retrieval

of keys which have been locked inside a Vehicle.k) All costs as a result of breakages, loss, theft or defacement of the Vehicle’s interior and

accessories caused by or contributed to by the Hirer, any Authorised Driver, any person the

Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the

Vehicle.

l) The Danger Zone insurance options does not cover any theft or attempted theft of the

Vehicle or its contents resulting in damage where reasonable precautions were not taken to

protect against that theft or attempted theft.

m) Elements RV World recommends the Hirer does not leave valuables in the Vehicle and

Elements RV World strongly recommends that the Hirer ensures they take out the highest

level of travel insurance as there is no cover for loss of or damage to personal belongings.

n) All damage and costs caused by or in connection with reckless conduct or wilful

misconduct of the Hirer or an Authorised Driver

or any invitee of the Hirer or passenger in the Vehicle. For example, Insurance Options

does not apply in connection with any incidents involving sitting or standing on the bonnet,

boot or roof of the Vehicle or propelling an object from the Vehicle.

o) If the Vehicle is wilfully or recklessly damaged or is lost as the result of the wilful or

reckless actions of the Hirer or an Authorised Driver

or any invitee of the Hirer or passenger in the Vehicle (Note: wilful or reckless damage

includes fire, any punctures or damage to tyres or rims caused by or contributed to by the

Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any

invitee of the Hirer or any passenger in the Vehicle, burning out a clutch and any damage

arising from using the Vehicle to propel any other vehicle).p) Except where Elements RV World is in breach of this Agreement, the costs relating to

delivery of a replacement Vehicle required as a result of any of the exclusions listed in this

clause 11.

q) Any costs associated with the incorrect use of fuel or the use of: (a) fuel (fuel being diesel

or petrol); (b) the use of Biodiesel which should not be used; or (c) water; or (d) other

contamination of fuel or water of the Vehicle.

r) The cost to retrieve or recover a Vehicle back to road level, which may include, but is not

limited to a Vehicle that has become bogged, submerged, caught, trapped, stuck or

restricted in any way.

s) If the Vehicle is involved in a single vehicle rollover or the roof of the Vehicle is damaged

as a result of any single vehicle incident or accident, regardless of any Excess Reduction

Cover chosen by the Hirer, the Hirer must pay Elements RV World and is responsible to

Elements RV World for all costs and damages arising in respect of such rollover, incident or

accident. The Hirer’s liability under this clause is limited to an amount of $5,000. For the

purposes of these terms and conditions a single vehicle “rollover” includes any incident or

accident where the Vehicle has rolled, tipped (one or more wheels have left the ground) or

fallen over and this has caused damage to the Vehicle, including to the roof and/or sides of

the Vehicle.

t) The Vehicle is operated in any race, speed test, rally or contest or the Vehicle is used for

the purpose of reward (for example, as a taxi or courier vehicle) or the Vehicles is used in

any driver licence test.u) The Vehicle is driven by any person who at the time when that person drives the Vehicle

is disqualified from holding or has never held a driver’s licence appropriate for that Vehicle

or such person is not legally entitled to drive the Vehicle in Australia.

v) The Vehicle is operated on a non gazette (non-public) road.

w) The Vehicle is operated outside the Term of Hire or any agreed extension of that term.

x) If a driver of the Vehicle is convicted of any driving offence under Australian law where

the Vehicle, property or any other vehicle is damaged in circumstances which are illegal in

Australia.

y) It is agreed between Elements RV World and the Hirer that section 11 of the Insurance

Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause

constitutes a contract of insurance.

z) If the Vehicle is loaded or is being loaded in excess of the manufacturer’s specifications.

 

12. BOND

a) The Hirer authorises Elements RV World to deduct from the Bond any amounts due by

the Hirer to Elements RV World arising as a result of this Agreement, including the amount

of any damage, the charges as set out in this Agreement, and as listed in this document.

Elements RV World will give the Hirer notice of the deduction of such amount by contacting

them at the email address specified in the Rental Agreement.

b) Elements RV World reserves the right to retain all or part of the Bond for such period as

Elements RV World may determine (acting responsibly) after the Term of Hire to cover the

cost of un-notified damage, infringements, or damage to third parties or their property. Once

a refund is processed by Elements RV World , it may take five or more business days for

the funds to become available.

c) In the event of an insurance claim, to allow Elements RV World to determine who is at

fault, the Bond may be retained by Elements RV World irrespective of who is at fault and

such amount must be paid to Elements RV World (if not already held by Elements RV

World ) at the time the accident report is completed and not at the expiry of the Term of

Hire. The Bond will be refunded only if Elements RV World is successful in recovering the

complete cost of damages from the third party. If Elements RV World is not successful in

recovering the complete cost of the damages from the third party, Elements RV World may

retain all or part of the Bond being in respect of such amount of damages that Elements RV

World was not able to recover from the third party provided that Elements RV World shall

not be entitled to retain any amounts to the extent that any damages have been caused by

or contributed to by a breach of this agreement or the negligent act, error or omission of

Elements RV World or any of its officers, employees, or agents. The Hirer acknowledges

that third party claims can take many months to resolve.d) As insurance is not compulsory in Australia, there is no guarantee that these damages

will be recovered, therefore were a third party causes damage, the Hirer is liable for

damages as specified in their Rental Agreement and if Elements RV World is not able to

recover from the third party the amount of damages the Bond may not be refunded to the

Hirer.

e) In the event of a replacement Vehicle dispatched due to an accident, the applicable Bond

will be twice that of the Bond for the original Vehicle.

f) In the event that a replacement Vehicle is given due to an accident, any Insurance Cover

taken is not transferable to the replacement Vehicle.

g) For the purposes of this clause 12,

‘damage’ includes any and all damage to third party

property (including vehicle(s), damage to the Vehicle including tyres and windscreens,

towing and recovery costs, theft, fire, break-in, vandalism costs, and the cost of the daily

rental rate for the Vehicle for the period the Vehicle is unavailable for hire by Elements RV

World due to repair.

h) Where the Vehicle has been returned during or outside office hours and the Vehicle has

undiscovered damage to the windscreen or body that has not been reported or is not

covered by the Hirer’s chosen insurance cover, the Hirer will be contacted summarising the

cost of repairs and charged for such repairs.

 

13. Elements RV World LIABILITY AND OBLIGATIONS

a) Elements RV World shall hire the Vehicle and supply any services pursuant to this

Agreement:

(i) only on the terms and conditions explicitly set out in this Agreement; and

(ii) subject to non-excludable rights under consumer protection laws.

b) Except as set out in the paragraphs below, Elements RV World accepts its liability to you

for breach of contract or negligence under the principles applied by the courts and for

breach of any non-excludable rights under consumer protection laws.c) As the hire of the Vehicle and any services Elements RV World may provide pursuant to

this Agreement is provided to the Hirer for the primary purpose of personal, domestic or

household use, Elements RV World does not accept liability to the Hirer for losses that

result from the use of Vehicle or any of Elements RV World’ services in connection with the

conduct of a business. However, we will accept that liability if it cannot be excluded under

any legislation. If that liability cannot be excluded but can be limited under any legislation,

Elements RV World limits its liability to resupplying, repairing or replacing the Vehicle or

services (or payment of the cost of resupply, repair or replacement) where it is fair and

reasonable to do so.

d) Elements RV World is not liable for any loss to the extent that it is caused by the Hirer

(for example, through the Hirer’s negligence or breach of contract and/or the occurrence of

any of the events in clause 11).

e) Elements RV World is not liable for any loss to the extent that it results from the Hirer’s

failure to take reasonable steps to avoid or minimise the Hirer’s loss.

f) Elements RV World is not liable for any loss caused by Elements RV World failing to

comply with its obligations in relation to the hire of the Vehicle or provision of any

services

where such loss is caused by events outside its reasonable control (such as a failure in

equipment that is not owned or operated by us, an industrial strike or an act of nature).g) The liability Elements RV World accepts to the Hirer under this clause 13 includes liability

for our agents according to the principles of vicarious liability at common law.

h) This clause 13 will survive termination of this Agreement.

​

14. ADDITIONAL HIRE COSTS

a) There is no extra driver fee.

b) Subject to approval by Elements RV World, one-way rentals are available between

all branch locations. A one-way fee may apply and will be quoted at the time of booking

c) Baby seats, roof racks and snow chains can be requested at the time of reservation at a

cost of $40 each per rental. All items are subject to availability.

d) When returning Vehicles after hours please note that Vehicles must be returned to the

branches, not the airport terminal car parks. The Vehicle also remains the responsibility of

the Hirer until such time as Elements RV World takes back possession of the Vehicle during

standard operational hours.e) After Hours pickups are available on request only. For all After Hours pickups a Rental

Agreement (including copies of all drivers’ licences) must be completed and returned to

Elements RV World at least 48 hours prior to travel.

f) GPS - (SATELLITE NAVIGATION UNIT) / Skoot

(i) The Hirer will return the GPS/Skoot device and is liable for misplacing or damaging the

GPS unit, Skoot device, mount, charger and carry case to a maximum charge of $700.

(ii) Elements RV World is not responsible for any harm, damage, loss, theft, or

misadventure that occurs as a result of the use or misuse of the GPS unit/ Skoot device

(iii) The Hirer agrees to follow all safety and usage guidelines provided by the device and/or

Elements RV World.

 

15. TOLL NOTICES AND INFRINGEMENT FEES

a)) The Hirer is liable for all infringement notices received in respect of offences committed

during the Term of Hire, including in connection with any fines or charges for traffic offences

and speeding offences, any failure to comply with directions given by a traffic signal, any toll

offences, any parking offences and freedom camping offences.

b) In the event that Elements RV World received notice of an infringement and/or

fine, Elements RV World may (in its absolute discretion) itself, or Elements RV World

may engage a subcontractor to, either:

(i) transfer that infringement and/or fine into the Hirer’s name and charge the Hirer an

administration fee for each infringement incurred of $60 for costs associated with the

process; or

(ii) Debit the Hirer’s credit card for the amount of the infringement and/or fine the charge

the Hirer and administration fee for each infringement or fine processed at a rate of $60 per

infringement or fine being in respect of costs associated with the process.

c) The Hirer is hereby notified that, if Elements RV World (itself or by its appointed

subcontractor) proposes to debit the Hirer’s credit card for infringement and/or fine:

(i) Elements RV World will send (or have sent) to the Hirer, including email to the address

specified in the Rental Agreement, a copy of the relevant infringement or fine notice and

any reminder notice as soon as practicable after it is received by Elements RV World;(ii) The Hirer may have the right to challenge, query or object to the alleged offence to the

authority that issues the infringement notice or a court (details of the relevant process

should be provided on any infringement notice or fine);

(iii) The Hirer may have the right to seek a court hearing (within such time as specified on

the notice of infringement or fine); and

(iv) The Hirer has the right to dispute the matter with the credit card issuer.

 

16. MECHANICAL REPAIRS, ACCIDENTS AND EQUIPMENT FAILURE

a) If there is an accident, equipment defect or mechanical failure of the Vehicle during the

Term of Hire, the Hirer must notify Elements RV World as soon as practicable and in any

event within 24 hours from the time the Hirer has knowledge of the defect or failure in order

to give Elements RV World the opportunity to rectify the problem during the Term of Hire.

Please contact Elements RV World by telephone 02 9586 1058.

b) Elements RV World reserves the right not to accept liability for any claims submitted after

the period specified in clause 16(a) unless the Hirer is able to give a reasonable explanation

(in the absolute discretion of Elements RV World) as to the failure to provide notice within

such period.

c) All vehicles are registered with the 24/7 Roadservices Australia, providing 24-hour

roadside assistance. Please contact 24/7 Roadservices Australia 1800 008 616.This service covers all Mechanical and Non-Mechanical breakdowns. All Mechanical

breakdowns are covered by Elements RV World relevant to 24/7 Roadservices

Australia programme and includes the following:

Engine faults

Electrical faults

Cooling system

Vehicle recoveryAll Non-Mechanical breakdowns are subject to the relevant call out fees being charged by

24/7 Roadservices Australia directly to the Hirer and are not covered by Elements RV World

Insurance Cover and include include but are not limited to the following:

Out of fuel / incorrect fuelling of the Vehicle

Wheels and tyres

Keys being lost, broken or locked inside the Vehicle

Flat batteries

A breakdown as a result of damage caused in an accident, including salvage

24/7 Roadservices Australia service operates 24 hours, however, for mechanical

repairs outside office hours (weekends and public holidays included), some delays may

occur.

d) In the event of any accident or incident involving the Vehicle, the Hirer must:(i) notify Elements RV World of the full situation as soon as practicable and in any event

within 24 hours from the time of the accident or incident;

(ii) notify the appropriate Australian Emergency Services (Police, Ambulance, Fire

services) by calling ‘000’ if the accident or incident involves an injury;

(iii) record full details of all parties, witnesses to, and vehicles involved in, the accident or

incident;

(iv) prepare a written statement of the facts signed by all parties; and

(v) obtain a copy of any relevant Police report.

e) In the event of an accident or incident involving the Vehicle, the Hirer must not:

(i) make any admission of liability; or

(ii) arrange or undertake any repairs or salvage without Elements RV World’ prior authority

except to the extent that repairs or salvage are necessary to prevent further damage to the

Vehicle and/or to other property.

f) The availability of a replacement Vehicle is not guaranteed and is subject to availability,

Hirer’s location, accident liability and remaining hire duration.g) Additional Hirer charges may be incurred including the following:

(i) if a replacement Vehicle is required as a result of an accident, the Hirer is responsible

for making their own way to Elements RV World;

(ii) the Hirer is responsible for the cost of transporting the Hirer and accompanying

passengers away from the accident location;

(iii) Provided Elements RV World has complied with clause 16(a), the Hirer must pay for

any costs relating to delivery of a replacement Vehicle required as a result of any of the

exclusions listed in clause 11. These costs apply irrespective of any Insurance Cover

applicable to this Agreement.

(iv) In the event that a replacement vehicle is given due to an accident, any Insurance

Cover is non-transferable to the replacement vehicle.h) Without limiting any other provision of this Agreement, in the event of an accident,

breakdown or equipment failure, whether or not a replacement Vehicle is available or

accessible to the Hirer, Elements RV World will not be liable for any resulting

accommodation or living expenses that are incurred, nor personal expenses for

missed

activities unless such accident, breakdown or equipment failure has been caused by or

contributed to by a breach of this Agreement by or the negligent act, error or omission of

Elements RV World.

i) Any mechanical or towing expenses required for the Vehicle must be authorised by

Elements RV World prior to the repairs or towing taking place or permitted in accordance

with this clause, otherwise, Elements RV World reserves the right to hold the Hirer liable for

such costs.

j) No replacement Vehicle will be provided without receipt of a complete damage claim form

where one is required by Elements RV World. An additional Damage Administration fee of

$75 will be applied for processing each damage claim. This fee applies to all damage claims

regardless of whether the Hirer elects to use Elements RV World Insurance Cover or has

made their own travel insurance arrangements.

k) If any compensation is approved by Elements RV World due to an accident, breakdown

or equipment failure, Elements RV World by agreement may reimburse the Hirer the

proportionate daily rental rate for the period during which the Vehicle could not be used for

its intended purpose. Please note that daily Insurance Cover costs will not be included in

any compensation.

 

17. RETURN OF THE VEHICLE

a) The Hirer shall at or before the expiry of the Term of Hire, deliver the Vehicle (including

Vehicle keys) to the Return Location stated in the Rental Agreement, or, subject to these

Terms and Conditions, obtain Elements RV World’ consent to the amendment or extension

of the hire. (Note: No refund is available to the Hirer if the Vehicle is returned earlier than

the Return Date specified in the Rental Agreement).

b) In the event of any unauthorised extension to the Return Date, Elements RV World

reserves the right to charge the current daily rate for each day until the Vehicle is returned

and an additional late return fee of up to $500. In the event of any unauthorised change to

the Return Location, Elements RV World reserves the right to charge an additional

relocation fee of up to $500.

c) Elements RV World may charge the Hirer a cleaning fee of up to $250 if, in the

reasonable opinion of Elements RV World, the Vehicle is not returned in a clean and tidy

condition.

d) Elements RV World may charge the Hirer a fee of up to $500 for failure by the Hirer to

empty the grey water from the Vehicle.e) Except where the Hirer has pre-purchased gas or fuel, failure to return the Vehicle with

full tank will result in a $20 administration fee in addition to the cost of refilling the fuel.

​

18. BREACH OF CONTRACT/TERMINATION

The Hirer agrees that Elements RV World shall have the right to refuse any rental and/or

terminate the hire and take immediate possession of the Vehicle, without notification to the

Hirer, if:

(i)) the hirer fails to comply with any of the material terms and conditions of this

Agreement, particularly clause 6 (Hirer’s Obligations);

(ii) the Hirer has obtained the Vehicle through fraud or misrepresentation

(iii) if the Vehicle is damage; or

(iv) In the reasonable opinion of Elements RV World and/or the NZ Police the Authorised

Driver(s) do not have sufficient skill or experience to operate the Vehicle in a safe manner or

the safety of the passengers or the Vehicle is at risk.In such event the Hirer will: (a) not be entitled to a refund of part of the rental charges; and

(b) be responsible for the payment of any towing costs to return the Vehicle to the Return

Location plus a fee to cover the reasonable costs of Elements RV World in arranging the

return of the Vehicle up to a maximum of $100. The termination of the hire under this clause

18 shall be without prejudice to the other rights of Elements RV World or the Hirer under this

Agreement or otherwise at law.

​

19. PPSR (Personal Property Securities Act 1999)

a)) The following terms have their respective meanings in the Personal Property Securities

Act 1999 – financing statement, interested person, register, proceeds, security agreement

and security interest.

b) The Hirer acknowledges that:

(i) by hiring the Vehicle from Elements RV World, Elements RV World has a security

interest in the Vehicle (and any proceeds) and that this Agreement may constitute a security

agreement;

(ii) any security interest arising under this Agreement attaches to the Vehicle when the

Hirer obtains possession of the Vehicle and not at any other time; and

(iii) Elements RV World may perfect its security interest by lodging a financing statement

on the PPSA register.

c) Elements RV World does not need to give you any notice under the PPSA (including a

notice of a verification statement) unless the notice is required by the PPSA and that

requirement cannot be excluded.d) You must do anything reasonably required by Elements RV World to enable Elements RV

World to register its security interest with the priority it requires, and to maintain the

registration.

​

20. GENERAL PROVISIONS

a)) The Hirer acknowledges that Elements RV World retains title to the Vehicle at all times.

The Hirer must not agree, attempt, offer or purport to sell, assign, sublet, lend, pledge,

mortgage, let or hire or otherwise part with or attempt to part with the possession of the

Vehicle.

b) Except as explicitly stated in this Agreement and the Consumer Guarantees Act 1993,

Elements RV World makes no warranties or other representations with respect to the

Vehicle or services provided, and any implied warranties or representations are excluded.

c) All charges and expenses payable by the Hirer under this Agreement are due on demand

by Elements RV World including any collection costs and reasonable legal fees incurred by

Elements RV World.

d) The Hirer must not assign, transfer or novate this Agreement or any rights or obligations

under this Agreement, without the prior written consent of Elements RV World. The Hirer

authorises Elements RV World to sub-contract the provision of any of the services under

this Agreement as Elements RV World may require in its absolute discretion from time to

time and at any time.e) If we waive any rights available to us under this agreement on one occasion, this does

not mean that those rights will automatically be waived on any other occasion.

f) This Agreement constitutes the entire agreement of the parties and there are no other oral

undertakings, oral representations, warranties or agreement between the parties relating to

the subject matter of this Agreement that have been relied on by the Hirer and Elements RV

World will have no liability to the Hirer under the Competition and Consumer Act

2010 if the Hirer hires the Vehicle in trade.

g) To the extent that any clause or part of any clause is in any way unenforceable, invalid or

illegal, it is to be read down so as to be enforceable, valid and legal. In the event this is not

possible, the clause (or where possible, the offending part) is to be severed from this

Agreement clauses (or parts of those clauses as the case may be) which will continue in full

force and effect.

h) In this Agreement, including and includes are not words of limitations.

i) The agreement does not create a relationship of principal and agent, joint venture,

partnership or fiduciary relationship between the parties.

j) All references to “$” in this Agreement are to Australian dollars and include GST.

k) This Agreement is governed by Australian law.

 

21. PRIVACY

Elements RV World will collect personal information about the Hirer as part of the rental

process. Elements RV World may not be able to perform this Agreement if all the

information requested is not provided. Any information collected by Elements RV World will

be handled in accordance with the Elements RV World Privacy Policy. The Hirer agrees

Elements RV World may collect, use and disclose the Hirer’s personal information

(including but not limited to the location, usage and servicing of the Vehicle, your speed,

distance travelled and locations visited) through GPS tracking and diagnostics and other

electronic tools in accordance with the Elements RV World Privacy Policy. Under the

Privacy Act 1988, individuals have rights of access to, and correction of, their personal

information.

​

22. DISPUTE RESOLUTION

a) If you have a complaint about your Elements RV World experience or if you have any

feedback, our staff will use reasonable endeavours to rectify the error or resolve the issue.

b) If your concerns are not resolved to your satisfaction you may make a complaint to

Elements RV World in person, over the telephone, by email or by post. Elements RV World

will then refer the matter to our internal complaint handling process.c) Upon receipt of a Hirer’s complaint, Elements RV World will acknowledge receipt of the

complaint. Elements RV World will try to resolve a Hirer’s complaint at the time it is raised.

However, if Elements RV World needs to investigate a Hirer’s complaint further, Elements

RV World will investigate the matter and will aim to resolve the complaint or inform the Hirer

what it is doing to resolve the complaint within 14 days of receipt of the complaint.

d) The time Elements RV World spends investigating a complaint is determined by its

seriousness and complexity. Elements RV World if committed to resolving all complaints

within 14 days of receipt of the complaint.

e) Once Elements RV World has resolved any complaint with the Hirer, Elements RV World

will aim to finish all steps to deliver that resolution within 14 days. Elements RV World will

only implement a resolution once it has been accepted by the Hirer.

f) If Elements RV World is not able to resolve a complaint within the timeframes set out

above, Elements RV World will contact the Hirer and explain the reason for the delay and

give the Hirer a new timeframe for resolution.

g) If the Hirer is not happy with how the Hirer’s complaint has been resolved, the Hirer has a

number of options. Elements RV World may escalate the complaint and review the

resolution the Hirer was offered. This may involve an escalation to the next level of

management. There may be external dispute resolution options available to the Hirer and

you may refer consumer law issues to the Australian Competition and Consumer

Commission.

h) Complaints may be made and the progress of a complaint may be checked by contacting

Elements RV World by email support@Elementsrvworld.com.