TERMS & CONDITIONS
BIVOUAC ADVENTURES TERMS & CONDITIONS
1. Introduction
1.1 These Terms & Conditions govern your rental agreement with Bivouac Adventures. By renting a vehicle from us, you agree to comply with these terms and any applicable policies outlined in our agreement documents.
1.2 Please ensure you read these Terms & Conditions alongside the accompanying Rental Agreement Schedule.
1.3 Bivouac Adventures reserves the right to modify these Terms & Conditions periodically. Changes will be effective upon posting to our website.
1.4 These Terms & Conditions comply with Australian Consumer Law, and nothing in this document excludes, restricts, or modifies your rights under such law.
2. Jurisdiction
2.1 The Rental Agreement is governed by the laws of Western Australia, and any disputes arising between you and Bivouac Adventures will be settled in the courts of that state.
3. Definitions
Accident: Refers to any unintended or unforeseen event causing damage or injury.
Bond: A security amount of AUD $5,000 payable under clause 10.
Camping Accessories: Includes rooftop tents, mattresses, linens, refrigerators, gas burners, cookware, utensils, chairs, tables, and other accessories provided.
Damage: Any harm caused to the vehicle or camping accessories, excluding normal wear and tear.
Excess: The amount you are liable for, capped at $5,000, unless otherwise reduced through liability coverage under clause 11.
Loss of Use: Any costs due to the vehicle being unavailable for rental following damage for which you are responsible.
Rental Agreement: Includes the "Rental Agreement Schedule" and these Terms & Conditions.
Rental Period: The hire duration specified in the Rental Agreement Schedule, including any agreed modifications.
You/Your: Refers to the individual or individuals hiring the vehicle.
4. Rental Agreement
4.1 You agree to rent the vehicle and any provided camping accessories for the Rental Period at the rates specified in the Schedule.
4.2 The minimum Rental Period is seven days unless otherwise agreed.
4.3 All rental days are calculated on a calendar day basis, with the pick-up day counted as the first rental day regardless of the pick-up time. The return day is counted as the final rental day.
4.4 Late pick-up or early return of the vehicle does not entitle you to a refund for the unused portion of the Rental Period.
5. Payments
5.1 Full payment of all rental charges is required before the vehicle is collected, including any fees associated with the security bond or liability reduction.
5.2 Payments must be made in Australian dollars.
5.3 If the vehicle is returned without a full fuel tank, a refueling fee of AUD $3 per litre will be applied.
6. Security Bond and Liability Reduction Options
6.1 A security bond of AUD $5,000 is required unless a liability reduction option is purchased. The bond will be refunded after assessing the vehicle's condition at the end of the Rental Period. The available liability reduction options include:
Bond (Default): AUD $5,000 bond with no coverage for windscreen replacement, tyre replacement, puncture repair, vehicle accident, or retrieval and recovery.
Off-Road: AUD $1,000 bond with coverage for one windscreen replacement, one tyre replacement, one puncture repair, single vehicle accident coverage, and retrieval and recovery up to AUD $5,000. This option costs AUD $59/day.
Off-Road +PLUS: AUD $500 bond with unlimited windscreen replacements, two tyre replacements, two puncture repairs, single vehicle accident coverage, and retrieval and recovery up to AUD $5,000. This option costs AUD $79/day.
6.2 Refunds of the security bond may take up to 21 days while we assess potential damage or other liabilities.
7. Vehicle Collection & Return
7.1 You are responsible for collecting and returning the vehicle and accessories at the times and locations specified in the Rental Agreement Schedule. Collections or returns outside of standard hours may incur additional charges.
7.2 The vehicle must be returned in the same condition it was provided, except for normal wear and tear, and with a full fuel tank.
7.3 If the vehicle is not returned in a clean condition, a cleaning fee may be charged.
7.4 If the vehicle is returned late, you will be charged twice the daily hire rate for each additional day or part thereof.
8. Authorized Driver and Age Requirements
8.1 Drivers must be between 25 and 75 years old and hold a valid, full, unrestricted driver’s license issued in Australia or an international license with a valid permit.
8.2 Only drivers authorized by Bivouac Adventures and listed on the Rental Agreement are permitted to drive the vehicle.
8.3 Learner, provisional, or probationary license holders are not permitted to drive.
9. Prohibited Areas and Conditions for Vehicle Use
9.1 The vehicle must not be used in certain prohibited areas, including but not limited to:
Areas with snow or where snow is likely to fall.
Flood-prone roads, salt lakes, or salt flats.
Beaches, unless explicit written permission has been granted.
Off-road areas not designated for recreational vehicle use.
9.2 The vehicle must not be driven through water crossings deeper than 0.4 meters.
9.3 Off-road and beach driving are only permitted if approved in writing by Bivouac Adventures. A 15% surcharge applies to beach use, and strict conditions must be followed to avoid damage.
10. Vehicle Use Restrictions
10.1 The vehicle must not be used for illegal activities, towing other vehicles, carrying passengers for hire, or transporting flammable or hazardous goods beyond quantities for domestic purposes.
10.2 The vehicle must be driven safely and in accordance with all applicable traffic laws.
10.3 Smoking inside the vehicle is strictly prohibited, and the renter must ensure passengers do not smoke inside the vehicle.
10.4 If the vehicle is left unattended, it must be locked, and the keys must remain in your possession.
11. Monitoring and Tracking Devices
11.1 Vehicles may be fitted with GPS tracking devices and dashcams for safety and fleet management purposes. By signing the Rental Agreement, you consent to the collection of this data for safety and management purposes.
11.2 Any tampering with or removal of tracking devices or dashcams will be considered a breach of the Rental Agreement.
12. Maintenance During Rental
12.1 You are responsible for performing daily maintenance checks, including oil, water, and tire pressure. Any damage resulting from negligence in performing these checks may result in additional charges.
12.2 You must report any mechanical issues or damages to Bivouac Adventures as soon as they arise. Failure to report such issues may result in further charges for damages incurred during the rental period.
12.3 In the event of a breakdown, contact our roadside assistance provider. Costs due to driver error, such as lost keys or a flat battery from leaving lights on, will be charged to you.
12.4 You must not attempt to repair the vehicle without prior written consent from Bivouac Adventures. If repairs are necessary, only authorized service providers should be used.
13. Roadside Assistance Policy
13.1 Roadside assistance is available for inherent mechanical faults at no extra cost. However, incidents due to driver negligence will incur additional charges.
13.2 Roadside assistance may not be available in remote areas, and any costs associated with recovery from such areas are the renter's responsibility.
14. Accident and Theft Reporting
14.1 Any accident or theft must be reported to us within 24 hours. You must also report it to the police if any third party is injured or if another party is at fault.
14.2 You must cooperate with Bivouac Adventures in any investigation or claim related to an accident, including providing witness information and photos where applicable.
15. No Damage Cover for Specific Incidents
15.1 Damage protection does not cover incidents including:
Underbody or overhead damage.
Damage resulting from immersion in water or contact with saltwater.
Damage caused by reckless or negligent use of the vehicle.
16. Cancellation, No-Show, and Early Return Policies
16.1 Cancellations within 24 hours of the rental start date will incur the full rental charge unless we are able to rent the vehicle to another customer.
16.2 No refund will be given for early returns of the vehicle.
17. Liability and Indemnity
17.1 You are responsible for any damage to the vehicle, camping accessories, or third-party property unless liability reduction cover has been purchased.
17.2 You agree to indemnify Bivouac Adventures for any loss or damage resulting from a breach of these Terms & Conditions or misuse of the vehicle.
18. Termination of Rental Agreement
18.1 Bivouac Adventures reserves the right to terminate the Rental Agreement immediately and reclaim the vehicle if:
You breach any of the Terms & Conditions.
You use the vehicle in a manner that is unsafe or illegal.
You fail to make any rental payments when due.
19. Child Restraints
19.1 You are responsible for ensuring that any children in the vehicle are appropriately restrained in compliance with Australian law. Child restraints are not provided by Bivouac Adventures.
20. Privacy Policy
20.1 Bivouac Adventures respects your privacy and is committed to protecting your personal information. All personal data collected during the rental process will be used in accordance with our Privacy Policy, which can be found on our website.
21. Contact Information
17.1 For any inquiries or concerns regarding these Terms & Conditions, please contact Bivouac Adventures at: - Email: [contact@bivouacadventures.com]