This Caravan Owner Agreement is entered into between Aus Caravan Hire Pty Ltd trading as Victorian Caravan Hire (ABN 20 663 423 023) of 856 Springvale Road, Braeside, Victoria 3195 (“VCH”) and you, the caravan owner (“Caravan Owner”).

VCH conducts a business known as ‘Victorian Caravan Hire’ whereby it provides a platform for caravan owners to list their caravans for hire and third party customers can search and book available caravans for hire.

The Caravan Owner has agreed to engage VCH to use the services of VCH and VCH has agreed to provide its services to the Caravan Owner on the terms and conditions set out in this Agreement.

OPERATIVE PART

1. Interpretation

This Agreement is governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of that State.

In the interpretation of this Agreement:

(a) references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;

(b) words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders and references to documents or agreements also mean those documents or agreements as changed, novated or replaced;

(c) grammatical forms of defined words or phrases have corresponding meanings;

(d) parties must perform their obligations on the dates and times fixed by reference to the capital city of Victoria;

(e) reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;

(f) if the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;

(g) references to a party are intended to bind their heirs, executors, administrators, successors and assigns; and

(h) obligations under this Agreement affecting more than one party bind them jointly and each of them severally.

2. Definitions

For the purpose of this Agreement:

(a) Agreement means this Agreement executed by the Caravan Owner and VCH;

(b) Annual Membership Fee means an annual fee of $250.00 (including GST) which includes national roadside breakdown and towing cover (subject to Roadside Policy Limits);

(c) Authorised Payment Limit means a maximum amount of $500 that VCH may authorise and spend on urgent repairs, replacement parts or roadside assistance when the Caravan Owner cannot be contacted. The Caravan Owner authorises VCH to debit their nominated credit or debit card for any amount paid by VCH up to this limit;

(d) Booking fee means a fee equal to 10% of the Daily Rate (inclusive of GST), added on top of the Daily Rate and paid by the Hirer to VCH;

(e) Guide to Fair Wear and Tear means the Victorian Caravan Hire Wear and Tear Guide located at https://www.victoriancaravanhire.com.au/wear-tear-guide/;

(e2) Guide to Being a Partner with VCH means the Victorian Caravan Hire “Guide to Being a Partner with VCH”, located at
https://www.victoriancaravanhire.com.au/being-a-partner/;

(f) Business means the business operated by VCH providing the Platform and associated Services;

(g) Caravan means the caravan owned by the Caravan Owner as set out at item 1 of the Schedule;

(h) Customer Care means Information, support and advice relating to the Caravan or the Hirer’s booking;

(i) Caravan Owner Payout means the amount payable to the Caravan Owner, equal to the Daily Rate minus the Platform fee. This amount is paid within 3 business of the hire start date, unless otherwise specified in this Agreement;

(j) Damage means any physical harm, breakage, dent, scratch, defect, or deterioration to the Caravan or its contents that is beyond Ordinary Wear and Tear (as defined in “Guide to Fair Wear and Tear”), including damage arising from misuse, neglect, accident, improper operation, or failure to comply with the Hire Agreement;

(k) Dual-Side Fee Model means the fee structure used by VCH, where both the Caravan Owner and the Hirer contribute to the Service Fee;

(l) Daily Rate means the base hire rate set by the Caravan Owner for their Caravan, before the addition or deduction of any service fees, and inclusive of GST;

(m) GST, taxable supply and tax invoice have their meaning in A New Tax Systemm (Goods and Services Tax) Act 1999;

(n) Hire Agreement means VCH’s standard hire agreement entered into between VCH, the Caravan Owner and the Hirer for the hiring of the Caravan;

(o) Hire Fee means the total amount payable by the Hirer for the booking, which includes the Daily Rate plus the Booking fee;
Hirer means the company or person who has hired the Caravan and if more than one, each of them jointly and severally;

(p) Ordinary Wear and Tear means wear only to the extent expected from ordinary use of a caravan and is documented in the Guide to Fair Wear and Tear. It does not extend to any damage, loss or wear from improper use, transport, storage, repair or other dealing with the caravan while in the Hirer’s possession;

(q) Platform fee means a fee equal to 10% of the Daily Rate (inclusive of GST), deducted from the Caravan Owner’s payout and paid by the Caravan Owner to VCH;

(r) Platform means the online platform operated by VCH for a Caravan Owner to list their Caravan for hire and third party customers can search and make bookings for available caravans for hire;

(s) Roadside Policy Limits means the limits of the Roadside insurance policy taken out by VCH as specified in the Roadside insurance policy;

(t) Service Fee means the total fee retained by VCH for each booking, equal to the sum of the Platform fee and the Booking fee.
Term means the period during which the Caravan Owner will make available their Caravan for hire through the VCH platform specified in item 4 of the Schedule (excluding any Blackout Period);

(u) VCH Bond Claim Process means the Bond Claim Process within the guide Being a Partner with VCH;

(v) VCH Cancellation Policy means the Cancellation Policy within the guide Being a Partner with VCH;

(w) VCH Condition Report means the information recorded in the online Preparation and Condition Tool provided by VCH and used by the Caravan Owner;

(x) VCH Handover Process means the steps covered in Handover Process within the guide Being a Partner with VCH;

(y) VCH Inclusions List means the list of items the Owner must include within their caravan for the use of the hirer. The List can be located at victoriancaravanhire.com.au/inclusions/;

(z) VCH Owner Satisfaction Guarantee means the required minimum score as rated by the Hirers. Details are found in the Owner Satisfaction Guarantee section of the Being a Partner with VCH guide;

(aa) VCH Pre-Hire Cleaning & Checking Steps means Pre-Hire Cleaning & Checking Steps within the guide Being a Partner with VCH.

3. Appointment of VCH and Scope of Services

(a) The engagement of VCH commences on the date of this Agreement and continues for the Term.

(b) VCH and the Caravan Owner enter into the arrangements on the terms set out herein for the provision by VCH of the following services to the Caravan Owner, including but not limited to:

(i) Bookings, Payments & Bond management

(ii) 24/7 Hirer Support

(iii) Marketing

(iv) Provision of online checklists and preparation guides

(v) Optional in-person support to assist with preparing a caravan for hire and carrying out handovers (subject to location and availability)
(“Services”).

(c) The Caravan Owner must make available the Caravan for hire during the Term for the purpose of providing the Services.

(d) VCH is responsible for completion of the Services, which may be varied as circumstances dictate.

(e) VCH warrants that, to the best of its knowledge, performing its obligations under this Agreement will not breach any existing agreement or legal obligation that would materially affect its ability to perform the Services.

(f) VCH will provide the Services in a professional manner and in compliance with any relevant codes, standards and regulations;

(g) VCH and the Caravan Owner must comply with the policies and procedures adopted by VCH in the conduct of its Business.

(h) VCH will act with good faith in all of its dealings with the Caravan Owner and, whilst performing the Services, VCH will not intentionally do anything which is harmful to the Caravan Owner.

(i) This Agreement may only be varied by written agreement signed by both parties.

4. Fees

(a) VCH operates a Dual-Side Fee Model, where:

(i) The Caravan Owner sets the Daily Rate for their caravan.

(ii) VCH charges:

(1) an Platform fee of 10% of the Daily Rate, which is deducted from the Caravan Owner’s payout; and

(2) a Booking fee of 10% of the Daily Rate, which is added to the Daily Rate and paid by the Hirer.

(iii) The Caravan Owner receives the Daily Rate less the Platform fee.

(b) The Service Fee is calculated as the Platform fee plus the Booking fee.

(c) The Caravan Owner acknowledges and agrees that the Booking fee is non-refundable once a booking deposit has been paid, regardless of whether the booking is subsequently cancelled. The Caravan Owner further acknowledges that the Platform fee remains payable to VCH and will be calculated on, and deducted from, any amounts disbursed to the Caravan Owner in connection with a cancelled booking.

(d) VCH will deduct the Service Fee from Hire Fees collected from the Hirer. Fees for additional services will be charged by VCH to the Caravan Owner’s credit/debit card provided.

(e) The Caravan Owner is to pay to VCH the Annual Membership Fee.

(f) VCH will invoice the Caravan Owner for the Annual Membership Fee owed to VCH, and such invoices must be paid by the Caravan Owner within 14 days of receipt of invoice.

(g) VCH will remit the Caravan Owner’s share of hire income (the Daily Rate less the Platform fee) within three business days of the hire start date, provided there are no outstanding amounts owed by the Caravan Owner to VCH. Any outstanding amounts will be set off against new hire income, and the balance will be remitted to the Caravan Owner.

5. Obligations of the Caravan Owner

(a) The Caravan Owner must:

(i) make their Caravan available at the agreed time for Hirers and promptly communicate any delays or issues to the Hirers and VCH.

(ii) ensure their Caravan complies with all relevant local, state and national laws, including road and safety regulations;

(iii) ensure their Caravan is served at least every 12 months or every 10,000 km (whichever is the first to occur) and provide service records to VCH upon request.

(iv) keep their Caravan in a roadworthy condition, registered and well-maintained at all times.

(v) maintain an accurate condition report using the VCH Condition Report and update this immediately after repairs, upgrades of significant changes to the condition of the Caravan.

(vi) ensure their Caravan is adequately insured at all times and provide a copy of the insurance policy details to VCH upon request. VCH may, upon request, provide documentation or guidance to support the Caravan Owner in obtaining suitable hire insurance.

(vii) permit VCH or its representatives to perform periodic inspections of the Caravan to ensure compliance with VCH’s platform standards.

(viii) complete any training modules or updates provided by VCH to ensure consistent provision of Services and alignment with VCH platform standards.

(ix) Provide VCH with details of a valid credit or debit card to be held on file for the purpose of charging expenses incurred by VCH when arranging urgent repairs, replacement parts or roadside assistance on behalf of the Caravan Owner. VCH may, at its sole discretion, place a hold on the card for funds up to the Authorised Payment Limit for the hire period.

(b) The Caravan Owner agrees to:

(i) disclose to VCH if their Caravan is listed on other platforms.

(ii) authorise VCH to act as their agent and provide Customer Care to Hirers.

(iii) authorise VCH to accept bookings on behalf of the Caravan Owner, subject to dates the Caravan Owner has blocked out by notifying VCH by email.

(iv) authorise VCH to extend accepted booking subject to dates the Caravan Owner has blocked out by notifying VCH by email.

(v) authorise VCH (or those persons expressly authorised by VCH) to enter into a Hire Agreement with a Hirer on its behalf as its authorised agent.

(vi) authorise VCH to enter into the Hire Agreement with Hirers on its behalf, and the Caravan Owner is bound by the terms of the Hire Agreement as though they were a direct party to it.

(vii) respond to inquiries or requests from VCH or Hirers within 24 hours of receipt.

(viii) report any incidents, damages, or disputes during or after a hire to VCH within 24 hours of becoming aware of such.

(ix) assist VCH in resolving Hirer’s queries or issues if contacted for clarification or support.

(x) cooperate with VCH in resolving disputes with Hirers, including providing relevant documentation or evidence.

(xi) grant VCH the right to use images, videos or descriptions of their Caravan for promotional and marketing purposes, and waives any claim to royalties or further compensation for such use.

(xii) provide and maintain accurate descriptions, photographs and specifications of their Caravan on the platform, including updates for changes or upgrades.

(xiii) not promote, suggest, or arrange off-platform bookings (as further outlined in the Non-Circumvention clause).

6. Non-Circumvention

(a) The Caravan Owner agrees not to solicit, accept, or process any direct booking or rental arrangement with any person or entity who has been introduced to them via Victorian Caravan Hire, including past or prospective Hirers, unless such booking is processed through VCH.

(b) This restriction applies during the Term of this Agreement and for a period of 18 months after termination, and is intended to prevent circumvention of VCH’s platform and Service Fee.

(c) If a breach of this clause occurs, VCH reserves the right to immediately suspend or terminate this Agreement and seek compensation equal to the lost Service Fees plus an administrative penalty of $500 per affected booking.

7. Personal Use

(a) The Caravan Owner may use their Caravan for personal purposes from time to time (“Personal Use”), provided that they notify VCH in advance of the dates they wish to block out for Personal Use.

(b) Personal Use may only be scheduled on dates where no existing bookings have been accepted. If the Caravan Owner requests Personal Use on dates where confirmed bookings exist:

(i) VCH will attempt to reassign the affected bookings to another suitable caravan;

(ii) If a replacement caravan is found, the Caravan Owner will be charged a cancellation fee equal to 10% of the total value of the original booking, plus any shortfall if the replacement caravan’s hire fee is higher;

(iii) If no replacement caravan is available, the Caravan Owner must compensate the affected Hirer directly for any additional costs incurred, including increased hire fees or cancellation-related expenses.

8. Powers of VCH

VCH has those powers, functions and authorities from the Caravan Owner as may be necessary to enable it to carry out its duties and obligations set out in this Agreement, including the power to:

(a) Employ, engage, appoint and contract with mechanics, auto-electricians, panel repairers, gas and electrical service technicians, insurance assessors, accountants, solicitors, and other qualified tradespeople, consultants, or technical experts as required for the purpose of carrying out the Services;

(b) Negotiate and enter into agreements for the supply of materials, equipment and services in connection with the Services;

(c) In case of emergency or accident, take such action as is necessary for the protection of life and property; and

(e) Do any other act or thing which may be required by this Agreement or which the Caravan Owner may authorise or require.

(f) Authorise payments up to the Authorised Payment Limit where reasonable attempts to contact the Caravan Owner have been unsuccessful and VCH considers that the repair or replacement cannot reasonably be delayed. In such cases the Caravan Owner authorises VCH to charge the same amount to their credit card as reimbursement.

9. Inclusions, Damages or Missing Items

(a) All items listed in the VCH Inclusions List must be provided with the Caravan during each hire at a minimum and at the Caravan Owner’s expense.

(b) The Caravan Owner must replenish/replace missing or damaged items from the VCH Inclusions List at the Caravan Owner’s expense after each hire.

(c) In the event that the Caravan Owner identifies that any valuable items listed in the VCH Inclusions List are missing following the return of the Caravan by a Hirer, the Caravan Owner may submit an application for a bond deduction. Such application must be made within twenty-four (24) hours of the Caravan being returned, by providing full details through the online Preparation and Condition Tool.

(d) If additional deep cleaning is required after a hire, the Caravan Owner must document and provide evidence of the extra cleaning within 24 hours of the Caravan’s return for a bond deduction to be considered. It is expected that the Caravan Owner will carry out a standard final clean throughout the Caravan after each hire, which should take no more than 30 minutes and is not chargeable to the Hirer.

(e) The Caravan Owner agrees and acknowledges that fair wear and tear is inevitable, including but not limited to, small scratches, marks, scuffs and dents on the exterior, interior, cabinetry, flooring, benches etc. Repairs for these items are not covered by the Hirer’s insurance excess. Refer to the Guide to Fair Wear and Tear.

(f) Bond deductions with a value less than $25 will be covered by the Caravan Owner and not passed on to the Hirer.

(g) If the Caravan has been damaged (beyond fair wear and tear) during a period of hire by a Hirer, the following must be submitted to VCH within 24 hours of the Caravan being returned by the Hirer:

(i) Photographs clearly showing the damage;

(ii) The Pre-Hire Condition Report signed by the Hirer. Note that if there is no Pre-Hire Condition Report signed by the Hirer, a claim cannot be made;

(iii) A brief description of the damage.

VCH will assess the claim with reference to the Wear and Tear Guide and notify the Hirer accordingly. The Caravan Owner must also obtain a quotation for the repair, or provide evidence that the insurance excess has been paid to their insurer.

(h) All claims for deductions from the Hirer’s bond must be made following the VCH Bond Claim Process.

10. Quality and Standards

(a) The Caravan Owner must adhere to the following:

(i) Follow all checklists and process and procedures provided by VCH;

(ii) Use VCH’s Online Tools, checklists, and templates to manage bookings.

(iii) Clean their Caravan before and after each hire in accordance with the VCH Pre-Hire Cleaning Process.

(iv) Follow the VCH Handover Process.

(v) Maintain a satisfaction score of 90% or higher under the VCH Owner Satisfaction Guarantee. VCH will provide reasonable support to assist the Caravan Owner in improving their score and addressing negative feedback. However, if the Caravan Owner fails to take corrective action or continues to receive unsatisfactory reviews, VCH may, at its discretion, reassign future bookings to other Caravan Owners or remove the Caravan Owner from the platform.

11. Availability and Black out periods

(a) The Caravan Owner must comply with the following requirements:

(i) Disclose to VCH if their Caravan is listed on other platforms;

(ii) Agree to not double-book any Caravan listed with VCH.

(iii) Notify VCH of any black-out periods when the Caravan is unavailable for hire.

(iv) Follow the VCH Cancellation Policy, which may include penalties for cancellations made by the Caravan Owner.

12. Records and accounts

VCH must keep comprehensive and accurate records and accounts in relation to its Services, performance of its Services under this Agreement, and all transactions entered into by or on behalf of VCH in connection with the Services.

13. VCH warranties

VCH warrants that:

(a) it has the expertise, resources and capacity to perform to the highest standard all of its obligations under this Agreement;\

(b) it will comply with all statutory provisions, regulations, orders and by-laws of any government, municipal or statutory authority which relate to the provision of the Services;

(c) this Agreement constitutes a legally valid and binding obligation on the parties, enforceable in accordance with its terms;

(d) it has made all enquiries of the Caravan Owner and of the enterprise for the purpose of making an informed assessment of its ability to enter into and to perform all of the obligations of this Agreement; and

(e) it has exercised its own judgement in entering into this Agreement and has not relied on any warranty or representation made by the principal, its officers, employees or agents, save as specifically set out in this Agreement.

14. Confidentiality

The parties covenant on behalf of themselves and their financial, legal and other advisors that they will keep confidential and not divulge either directly or indirectly to any person any information relating to the business, processes, systems or affairs of the other party which is of a confidential nature or which is not otherwise in the public domain, including the terms of this Agreement, save to the extent that the disclosure may be required by statute or may reasonably be required for the purpose of enabling the parties to fulfil their respective obligations under this Agreement or as may otherwise be required by law. This clause shall have force after the termination or expiry of this Agreement.

15. Release, discharge and indemnity

(a) VCH will not be responsible to the Caravan Owner for any liability, loss, harm, damage, cost or expense that the Caravan Owner may suffer arising out of the activities of VCH in performing its duties or obligations under this Agreement, except to the extent that such liability, loss, harm, damage, cost or expense arose directly from VCH’s wilful misconduct, bad faith or negligence.

(b) The Caravan Owner irrevocably and unconditionally indemnifies VCH from any and all liability, loss, harm, damage, cost or expense that the Caravan Owner may suffer as a result of any suit, claim or demand or the activities of VCH in performing its duties or obligations under this Agreement, except to the extent that such liability, loss, harm, damage, cost or expense arose directly from VCH’s wilful misconduct, bad faith or negligence.

(c) Where the Caravan Owner requests VCH to transport, operate, or carry out repairs to the Caravan, the Caravan Owner acknowledges and agrees that such assistance is provided entirely at the Caravan Owner’s risk. The Caravan Owner irrevocably and unconditionally indemnifies VCH from and against any loss, harm, damage, cost, or expense arising from or in connection with the transport, operation, or repair of the Caravan by VCH, except to the extent that such loss, harm, damage, cost, or expense arises directly from VCH’s wilful misconduct, bad faith, or negligence.

16. No assignment

This Agreement is personal to VCH and the Caravan Owner and must not be assigned without the prior written consent of the parties. Such consent may be given or withheld at the parties absolute discretion. Any assignment or purported assignment shall be void and of no effect.

17. Subcontracting

VCH must not subcontract any of its obligations under this Agreement without the prior written consent of the Caravan Owner, whose consent may be granted or withheld at the Caravan Owner’s discretion. For clarity, this restriction does not prevent VCH from engaging subcontractors or service providers within its normal operations, provided that VCH remains fully responsible for the performance of the Services under this Agreement.

18. Suspension and Default

(a) VCH reserves the right to suspend or remove the Caravan Owner from the platform for non-compliance with this Agreement, including but not limited to:

(i) consistent negative feedback being received from Hirers in relation to the Caravan or Caravan Owner. To ensure quality and renter confidence, the Caravan Owner must maintain an average rating of at least 4 stars (out of 5) based on renter feedback. VCH reserves the right to suspend or de-list a Caravan that falls below this standard;

(ii) consistently failing to provide a clean/maintained caravan;

(iii) ignoring bookings or failing to respond to queries from VCH;

(iv) receiving repeated customer complaints;

(v) engaging in, or attempting to engage in, off-platform bookings with Hirers introduced through VCH;

(b) If either party becomes aware of any default by the other party of this Agreement, the non-defaulting party must provide written notice to the defaulting party.

(c) The notice of default shall specify the default and the remedy required by the defaulting party, and provide the defaulting party 14 days from the date of the notice to remedy the default.

(d) If the defaulting party fails to remedy the default within the specified time, the non-defaulting party may terminate this Agreement by written notice to the defaulting party.

19. Termination

(a) This Agreement may be terminated by either party in the event of the other party breaching a term of this Agreement and failing to remedy the breach within 14 days after having received notice in writing of the breach.

(b) Either party may terminate this Agreement by written notice to the other party if the other party becomes subject to insolvency proceedings or events.

(c) Either party may terminate this Agreement upon written notice to the other party if the other party commits a fundamental breach of this Agreement within the meaning of this Agreement.

(d) VCH reserves the right to terminate the Service Agreement immediately if a caravan fails to meet safety standards or lacks appropriate insurance.

(e) If such termination is disputed, it shall be dealt with in accordance with the dispute resolution provisions of this Agreement.

20. Dispute resolution

(a) If a dispute arises, before any proceeding is commenced, the party claiming that a dispute has arisen must give 14 days notice to the other party setting out the dispute and seeking discussion and compromise to resolve the dispute.

(b) If after 14 days the dispute is not resolved then it must be referred to mediation on the same terms as those ordered by the Supreme Court of Victoria and the costs of the mediation shall be borne by the parties equally.

(c) Notwithstanding the preceding provisions of this clause, VCH must continue to provide the Services and perform its obligations under this Agreement pending resolution of the dispute.

(d) Nothing in this clause will prevent either party from seeking urgent interlocutory relief.

21. Notices

A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:

(a) delivered personally; or

(b) posted to their address when it will be treated as having been received on the second business day after posting; or

(c) sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

22. Relationship of the parties

The parties acknowledge that this Agreement creates a contract for services. It does not establish a relationship of employer and employee, principal and contractor, or partnership. VCH acts as a disclosed agent for the Caravan Owner), who remains the principal supplier of the caravan hire service to the Hirer.

23. Counterparts

This Agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the Agreement will be the date on which it is executed by the last party.

24. Costs

Each party will pay their own costs in relation to this Agreement.

25. Non-Disparagement

The Caravan Owner agrees that they will not make, publish, or communicate any statement – whether verbal, written, or published online (including on social media, review sites, or forums) – that is false, misleading, or disparaging about VCH, its directors, employees, services, platform, or reputation.

This clause does not prevent the Caravan Owner from:

(a) providing honest feedback directly to VCH in a constructive and respectful manner;

(b) making statements required by law or in the course of legal proceedings; or

(c) communicating matters truthfully to a relevant regulatory or government authority.

VCH also agrees not to make or publish any false or misleading statements about the Caravan Owner, including on social media or other public forums.

26. Tax Obligations

The Caravan Owner is solely responsible for complying with all applicable tax obligations arising from the income received under this Agreement, including but not limited to income tax, GST, and any other federal, state, or local taxes or levies.
VCH does not provide tax advice and is not responsible for reporting, withholding, or remitting any taxes on behalf of the Caravan Owner. The Caravan Owner acknowledges that they should seek independent tax or financial advice as required.