The following Terms and Conditions must be read in conjuntion with the (Click Here) Goholi Conditions and Terms.

Booking and reservations requests are only accepted Goholi on the basis that those Conditions and Terms for the specified vehicle supplier have been throughly read and understood and agreed too.

KEA User Agreement and Terms and Conditions
Season: 1st April 2009 to 31st March 2010

TERMS AND CONDITIONS RENTAL AGREEMENT

1. DEFINITIONS

1.1 `accessories' means the following located in the vehicle or fixed to the vehicle: cutlery, crockery, bed linen, furniture, sundry tools, water and waste hoses, power lead, refrigerator, picnic furniture, microwave, stove, toaster, air conditioner, radio, CD/DVD player, heater, television, electric kettle, vehicle keys, awnings, bull bars, GPS & navigations systems, Epirbs, recovery kits etc.

1.2 'Bond' means that amount so described as set out in the Schedule.

1.3 ‘Collision Damage/Loss Liability Charge’ means the nominated charge or charge reduction as set out in the Schedule.

1.4 'hire' means the rental by the Customer of the vehicle for the rental period the subject of the Rental Agreement.

1.5 'Schedule' means the schedule at the end of these Terms and Conditions.

1.6 'KEA' means KEA Campers (Australia) Pty Limited ABN 89 092 142 946, PO Box 79, 106-110 Ashford Ave, Milperra-Sydney NSW 2214, Australia.

1.7 'off road or cross country' means leaving a sealed road, unsealed public access road or recognised roads and tracks other than to areas immediately adjacent such roads or tracks to park, camp and or rest only but in no case exceeding 100m either side of the road or track.

1.8 'reasonably clean' means that the vehicle is cleaned and well presented with all personal belongings and garbage removed, the inside is broomed or vacuumed, dusted and wiped down and the outside has all mud, red dust and the like removed (including from the rear body).

1.9 'recognised roads and tracks' means an unsealed road or track which is recognised and available for public use by being identified as per the Hema “Australian Road and 4WD Atlas” (ISBN-10:1-86500-394-8) provided in each vehicle and/or listed under §1.13 of the terms and conditions of this rental agreement.

1.10 'Rental Agreement' means the document headed `Rental Agreement' (inclusive of these terms and conditions) and any ancillary documents referred to therein and signed by the Customer and KEA.

1.11 'rental charges' mean the sum of the charges made by KEA for the hire as set out in the Rental Agreement.

1.12 'rental period' means the rental period referred to in the Rental Agreement or any agreed variation thereof and any additional period during which the vehicle is in the Customer's possession or control.

1.13 'restricted areas' means the following areas, Birdsville Track, Bungle Bungles, Canning Stock Route, Gibb River Road, Gunbarrel Highway, Lost City in Litchfield National Park, Oodnadatta Track, Simpson Desert, Tanami Track, Warburton Road, entire area north of Cape Tribulation incl. York Peninsula, the track between Lancelin and Cervantes and any other areas more than 100 km from a sealed road in any direction, and such other areas that are set out in the Rental Agreement or that are from time to time specified by KEA by reason of adverse road and/or weather conditions. Vehicles may not be taken and/or driven on Fraser Island.

1.14 'restricted map' means the map being Annexure "A" hereto showing the location of restricted areas highlighted in the colour blue.

1.15 'return date' means the nominated date by the Customer set out in the Rental Agreement by which the vehicle is to be delivered to the return location.

1.16 'return location' means the place designated by the Customer at the time of delivery of the vehicle by KEA and to which the vehicle is to be returned by the Customer.

1.17 'road atlas' means the book supplied by KEA showing roads throughout the whole or parts of Australia.

1.18 'sealed roads' means roads that have a sealed or paved surface of either bitumen or concrete.

1.19 'substitute vehicle' means a substitute vehicle for the vehicle supplied by KEA at its absolute discretion.

1.20 'unsealed public access road' means a road that has no bitumen or concrete surface or paving but which is open for the public to gain access to the car park of a national park or camping ground. 2WD campers & motorhomes may be driven on such a road for a distance of up to 20km at the driver’s risk if the surface is smooth and safe. Any damage to the vehicle remains the full responsibility of the hirer and is not covered by any insurance option. In addition, a cleaning fee will apply if the vehicle is excessively soiled by red sand.

1.21 'vehicle' means the vehicle described in the Rental Agreement, all the contents thereof [including tyres, accessories, camping and living equipment, and any other special equipment so specified in the Rental Agreement and all the documents related to the vehicle and including any substitute vehicle]

1.22 'vehicle condition report' means the written report detailing the physical state and condition of the vehicle, a copy of which is signed by the Customer at the time of delivery of the vehicle.

2. GENERAL CONDITIONS

2.1 This Rental Agreement is made between the person or persons nominated as the Customer in the `Rental Agreement' and includes any person whose credit card is presented in payment of the Customer's charges or who is shown on the Rental Agreement as a driver (‘the Customer’) AND KEA.

2.2 The Rental Agreement is for the rental of the vehicle for the rental period.

2.3 The vehicle may only be driven by the person or persons nominated in the Rental Agreement. All drivers must be at least 21 years old and currently hold and have held for the period of 12 months immediately before the date of the Rental Agreement an unqualified and unrestricted driving licence, (for example, a learners or provisional licence or a licence that imposes conditions relating to either the time and/or mode of use of a motor vehicle would be a qualified or restricted driving licence.). This is to be valid in the Territory or State of Australia where the vehicle will be operated.

2.4 Customers who do not hold a driver's licence issued in Australia must produce evidence of either a certified English translation of their current overseas licence, or, a valid international driver's licence.

3. VEHICLE COLLECTION & RETURN

3.1 The Customer explicitly confirms having received the vehicle in a perfectly clean condition & excellent working order with all components and accessories tested and working with an empty toilet cassette and a full fuel tank, gas bottle and freshwater tank etc. as set out on the pick up control sheet, which has been signed by the Customer.

3.2 The Customer will return the vehicle in a clean condition inside and reasonable clean condition outside & free of any odours (tobacco etc.) with a full fuel tank, waste water tank emptied and toilet cassette emptied & rinsed by the return date. If the Customer does not do so then the Customer shall pay KEA (subject to the circumstances):

3.2.1 A general cleaning fee of AUD 250.00 and/or

3.2.2 A waste water tank fee of AUD100.00 and/or a toilet cassette rinsing/cleaning fee of AUD 250.00 and/or

3.2.3 a refuelling charge of AUD 2.50 per litre of fuel (petrol or diesel) plus a handling fee of AUD 25.00 for the refuelling.

3.3 The Customer acknowledges that KEA will not be liable to refund any monies paid under the Rental Agreement if the vehicle is returned before the return date or the Customer ceases to have the use of the vehicle prior to the return date for any reason, for example, adverse weather conditions.

3.4 The Customer acknowledges that the return location and return date cannot be changed without the prior consent of KEA and payment of any additional charges by reason of such change. If such change is consented to by KEA these Rental Terms and Conditions shall continue to apply notwithstanding.

4. PAYMENT OF RENTAL AND OTHER CHARGES

4.1 The Customer will pay KEA:

4.1.1 all charges and expenses payable under the Rental Agreement that occur before, during or after the rental period;

4.1.2 all charges and expenses payable as specified in the Schedule including the cost of any nominated Collision Damage/Loss Liability Charge;

4.1.3 any Collision Damage/Loss Liability Charge or other amount due in respect of any damage arising from an accident or loss [plus the daily demurrage rental rate (max 10 days) for the period the vehicle is off fleet for accident repairs]. The Customer acknowledges that the total liability is limited by the applicable Collision Damage/Loss Liability Charge to the extent that if the total cost is less than the Collision Damage/Loss Liability Charge then the difference shall be refunded by KEA;

4.1.4 the cost to retrieve or recover the vehicle, where it has become trapped by reason of adverse weather conditions, terrain and the like and regardless of the Collision Damage/Loss Liability Charge nominated;

4.1.5 all other charges and expenses as a result of any breach of the Rental Agreement; and

4.1.6 All fines and penalties in relation to the driver's use of the vehicle or the vehicle itself incurred during the rental period plus an administration fee of AUD 60.00 for each infringement or penalty notice to cover the processing cost of redirecting the fine to the driver of the vehicle.

4.2 KEA will accept payment by credit cards only approved by KEA.

4.3 When payment is made by credit card, the Customer agrees that:

4.3.1 KEA is irrevocably authorised to complete any documentation, transact any business and to take any other action to recover from the credit card issuer all amounts due pursuant to this Rental Agreement; and

4.3.2 in the event that KEA elects to accept payment of a Bond by holding a signed and authorised (by the issuer and KEA) open credit card voucher, which is returned at the completion of the rental period; the Customer agrees that KEA is entitled to recover payment from the credit card issuer pursuant to sub-paragraph 4.3.1 hereof in respect of any moneys that become due, but which were not known at the time of return of the voucher.

4.4 The Customer acknowledges that all transactions under this Rental Agreement are conducted in Australian Dollars.

4.5 The Customer further acknowledges that due to currency exchange rate fluctuations, there could be a variation between the amount initially debited against the credit card for a Bond and the amount refunded at the expiration of the rental period and the Customer releases KEA from any liability for such fluctuation;

4.6 When more than 1 person signs the Rental Agreement as the Customer, each person becomes liable jointly and severally for all obligations arising under this Rental Agreement.

5. CONDITIONAL ON PAYMENT

5.1 If the Customer has arranged for the hire through a travel agent and/or tour operator and payment has not been received by KEA at the time of commencement of this Rental Agreement, KEA reserves the right to directly charge the Customer, and the Customer acknowledges being responsible to claim back such charges from the travel agent and/or tour operator. KEA reserves the right to process at any time (including after termination or the ending of the Rental Agreement) any payment(s) that, for technical or any other reason, cannot be processed on time before or during the hire.

6. DAMAGE COVER

6.1 Provided the Customer acts within the terms and conditions of this Rental Agreement, KEA’s Insurer will grant damage cover (which includes the Customer’s legal costs incurred with the insurer’s written consent) to the Customer in respect of damage to the vehicle and/or damage to any third party property other than damage to any property owned by the Customer (including any friend/relative, associate or passenger) in the Customer’s physical or legal control. This cover is subject to:

6.1.1 the Customer not having breached any terms and conditions of this Rental Agreement;

6.1.2 the Customer paying the Collision Damage/Loss Liability Charge of AU $5,000 in respect of any damage or claim or if the Collision Damage/Loss Liability Charge 1 or 2 is accepted by the Customer paying the amount of Collision Damage/Loss Liability Charge 1 or 2 provided in the Schedule;

6.1.3 the Customer not being covered under any policy of insurance; and

6.1.4 the Customer providing such information and assistance as may be requested by KEA’s insurer or anyone acting on behalf of KEA or its insurer.

6.2 If cover is provided by KEA’s insurer to the Customer, KEA’s insurer may bring, defend or settle any legal proceedings in its sole discretion and KEA’s insurer shall have sole conduct of any proceedings. Any such proceedings may be brought or defended in the Customer’s name.

6.3 The Customer acknowledges that KEA’s insurer does not cover personal accidents or property insurance for any injury or damage to the Customer or the Customer’s property.

6.4 The Customer is fully liable for any damage to the vehicle or third party property damage if the terms and conditions of the Rental Agreement are breached.

7. BOND

7.1 On taking delivery of the vehicle, the Customer agrees to pay a Bond.

7.2 The Bond can be paid by cash, traveller's cheque or credit card.

7.3 If no Collision Damage/Loss Liability Charge is taken, a Bond of AUD 5,000.00 will be debited to the Customer’s account immediately after this Rental Agreement is entered into.

7.4 If Collision Damage/Loss Liability Charge 1 or 2 are taken, a Bond, as set out in the Schedule will be held by KEA and be debited to the Customer’s account only in case of any damage to the KEA vehicle or third party property damage or if any terms and conditions of the Rental Agreement are breached.

7.5 The Bond is fully refundable on return of the vehicle to the return location and by the return date, in accordance with this Rental Agreement, however in the event of any breach of the terms and conditions of the Rental Agreement the Customer irrevocably authorises KEA to deduct from the Bond any amounts due by the Customer to KEA arising out of this Rental Agreement.

7.6 Bonds refunded to the Customer’s credit card may not immediately be transacted and credited to the Customer’s account due to processing or other delays between banks and are not within the control of KEA.

7.7 The Customer acknowledges that KEA has the right to retain the Bond until the full cost of any damage is determined or until the third party's insurance company has settled any outstanding claim (which may take up to 6 months under normal circumstances but could be longer in case of legal dispute).

8. ROAD RESTRICTIONS

8.1 Two wheel drive vehicles may only be driven on sealed roads or unsealed public access roads.

8.2 Four wheel drive vehicles may also be driven on recognised roads and tracks.

8.3 Four wheel drive vehicles shall not be driven in restricted areas otherwise than with the express written consent of KEA which consent may be on conditions and may at any time be withdrawn by notice to the Customer;

8.4 The Customer acknowledges that KEA reserves the right at any time, at its sole discretion, and without any responsibility, to limit vehicle movements by designated additional restricted areas.

8.5 The cost of recovering or towing the vehicle that has become bogged on land or become immersed in water in any area or location (including a restricted area) will be at the Customer's cost.

9. USE OF THE VEHICLE

The Customer agrees not to do or permit others to do the following:

9.1 exceed the sign-posted speed limits or otherwise drive at speeds that are unsuitable or dangerous for the prevailing road and weather conditions;

9.2 drive with a blood alcohol level in excess of the legal limit or under influence of any drugs as prescribed in the Territory or State of Australia where the vehicle will be operated or refuse or fail to take any blood analysis or breath test requested by Police;

9.3 bring any part of the vehicle in contact with salt water;

9.4 immerse a two wheel drive vehicle in fresh or salt water or drive or immerse a four wheel drive vehicle in such water exceeding 50cm in depth;

9.5 tow another vehicle or trailer;

9.6 transport people or items for financial reward;

9.7 use the vehicle for any illegal purpose, racing, pace making, reliability trial, speed tests, hill climbing test or similar contest;

9.8 haul any incorrectly loaded goods or to convey any load other than that for which the vehicle is specified

9.9 transport any dangerous or volatile liquids, explosives, corrosive or inflammable material;

9.10 carry any animals;

9.11 carry more people than authorised by KEA in the Rental Agreement;

9.12 make any alterations or additions to the vehicle;

9.13 use or drive the vehicle in contravention of any legislation or regulation controlling or regulating vehicular traffic; and

9.14 otherwise breach any obligations (whether express or implied) of this Rental Agreement.

10. MAINTENANCE AND REPAIRS

10.1 The Customer agrees to check all the fluid levels in the vehicle such as oil, cooling and water daily and check the tyre pressure every 500 km and maintain each of them to the vehicle manufacturer's specifications as set out in the manufacturer's handbook supplied with the vehicle.

10.2 The Customer agrees to have the vehicle serviced if a service should become due as per the manufacturers specifications as set out in the manufacturer's handbook supplied with the vehicle during the rental period. KEA will reimburse any expenditure reasonably incurred upon presentation of all relevant receipts.

10.3 The Customer acknowledges that KEA will reimburse the Customer for expenditure reasonably incurred in rectifying any mechanical failure to the vehicle if the failure is not due to the Customer's fault or any breach of this Rental Agreement provided that the Customer has received from KEA prior authorisation & an order no, and subsequently provides all relevant receipts.

10.4 The Customer may undertake minor repairs to the vehicle or replace accessories that are reasonably required to be replaced without prior authorisation of KEA, and KEA will reimburse the cost thereof, if the expenditure does not exceed AUD $100 (and the repair or replacement is not due to the Customer's fault or any breach of the terms and conditions of the Rental Agreement).

10.5 Subject to the Collision Damage/Loss Liability Charge the Customer, will pay for the cost of repairing or replacing tyres damaged during the rental period with the exception that KEA will reimburse the Customer for expenditure reasonably incurred provided that relevant receipts are produced, the tyre is found to be defective and is returned to KEA for inspection and the manufacturer accepts liability under its warranty.

10.6 The Customer will be liable for any repair costs (including towage) associated with the use of fuel in the vehicle that is other than the specified fuel for the vehicle or as a result of contamination with water. Water contamination is best avoided by only refuelling the vehicle at major brand petrol stations. In addition, the Customer will be liable for any repair costs, including towage, arising out of the vehicle running out of fuel. The customer is also liable for demurrage (loss of rental income) as a result of the above for a total of up to 10 working days.

10.7 If the Customer fills the water tank with fuel or otherwise contaminates the water tank with fuel, oil and other foreign substances the Customer shall pay to KEA the sum of $2,000 to cover the costs of de-contaminating and making good (including replacement) the water tank, its lines and ancillary equipment. In addition, the customer is liable for demurrage (loss of rental income) for a total of up to 10 working days.

10.8 The Customer acknowledges that any malfunction or failure of accessories will not constitute a breakdown of the vehicle for the purposes of this Rental Agreement and as such no compensation is payable. Any consequential damage (e.g., loss of food items in the fridge) will be compensated by KEA to a maximum of $25.00 but otherwise is not covered by KEA. KEA warrants that all accessories are in good working order at the commencement of the rental period.

11. ACCIDENT, LOSS OR DAMAGE TO THE VEHICLE

11.1 In the event of any accident, loss, damage, malfunction or breakdown, 'the event' arising out of the use of the vehicle, the Customer will:

11.1.1 notify KEA on freephone 1800 252 556 as soon as possible but no later than 24 hours after the event;

11.1.2 obtain the names and addresses of third parties and any witnesses and report the event to the nearest police station;

11.1.3 not make any admission of liability to any parties or offer a settlement or the like; and

11.1.4 furnish any information relating to the event and assist KEA or KEA’s insurer in respect to any claim, including attending court to give evidence.

11.2 KEA will provide a substitute vehicle in case of an accident and the vehicle is unable to be driven or the vehicle has been stolen. The substitute vehicle will be available from the nearest KEA depot for collection by the Customer. Substitute vehicles due to mechanical breakdown will be delivered to the Customer's actual location free-ofcharge, if the Customer is not responsible for the breakdown.

12. TERMINATING THE AGREEMENT AND REPOSSESSION OF THE VEHICLE

12.1 The Customer acknowledges that KEA may terminate this Rental Agreement and repossess the vehicle at any time, without any prior notification to the Customer, and that the Customer will pay the reasonable costs of repossessing the vehicle, including towing charges if:

12.1.1 the Customer is in breach of the terms and conditions of the Rental Agreement;

12.1.2 the Customer has obtained the vehicle through fraud or misrepresentation;

12.1.3 the vehicle appears to be abandoned;

12.1.4 the vehicle is not returned on the return date; and

12.1.5 KEA has reason to believe that the safety of any passengers is endangered or the condition of the vehicle is prejudiced.

12.2 The Customer further acknowledges that in the event of such termination and repossession, the Customer has no rights to a refund of any part of the rental charges or the security deposit.

13. INVOLUNTARILY AND VOLUNTARILY CHANGE OF VEHICLE

KEA reserves the right, in its absolute discretion to provide a substitute vehicle of a similar or superior quality and specification. If this happens, the Customer shall not be liable for any increased rental charge or any other charges save for any additional running costs (if any) pertaining to the use of the substitute vehicle. Such substitution shall not entitle the Customer to any refund. Should operational reasons require the Customer to be downgraded to a vehicle of lower cost than booked, KEA will refund the difference immediately. Should the Customer decide to downgrade to a vehicle of lower cost than booked he is not entitled to any refund. If the client wants to upgrade to a vehicle of higher cost than booked, he must bear all additional charges.

14. RELEASE AND INDEMNITY OF KEA

14.1 Subject to its obligation to deliver the vehicle or a substitute vehicle, the Customer releases KEA, its employees and agents, from any liability (regardless of who is at fault) for any loss or damage including, but not limited to:

14.1.1 any loss or damage caused by breakdown, accident or the vehicle being unsuitable for the Customer's purposes;

14.1.2 any damage caused by child seats fitted in the vehicle by KEA; and

14.1.3 any loss or damage to any property left in or on the vehicle, in any substitute vehicle or a service vehicle or on any KEA premises or recovered or handled by KEA.

14.1.4 The Customer acknowledges that personal property is the Customer's responsibility and is not covered by KEA’s insurer or the Collision Damage/Loss Liability Charge. As a special paid service in case of one-way rentals, KEA Campers will attempt to deliver luggage to any other KEA depot nominated by the renter. We will not in any circumstances deliver goods to a post office box. KEA Campers is not liable for any delay, loss or damage arising from the supply of or failure to supply services.

14.2 The Customer hereby indemnifies and shall keep indemnified KEA, its employees and agents against any claims, demands, actions, losses and expenses (including legal costs on an indemnity basis) incurred or sustained by KEA, its employees and agents caused by any negligent act or omission of the Customer or as a consequence of any breach by the Customer of the terms and conditions of the Rental Agreement.

15. TITLE TO VEHICLE

The Customer acknowledges that KEA retains title to the vehicle and that the Customer possesses the vehicle as a bailee only and agrees not to offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with actual possession of or otherwise deal with the vehicle adverse to the interests of KEA and/or in breach of this Rental Agreement.

16. PROPER LAW

Unless otherwise nominated by KEA in its absolute discretion, the law of the State or Territory of Australia, in which the Rental Agreement is accepted by KEA shall govern this Rental Agreement.

17. CUSTOMER WARRANTIES

The Customer warrants that all information supplied to KEA in connection with this Rental Agreement is true and correct. The Customer further acknowledges being aware that if this warranty is breached or any term and condition of this Rental Agreement is breached, the Customer will not be entitled to any extension of cover offered by KEA’s insurer and the Customer will be responsible for the total cost of any damage

18. ENTIRE AGREEMENT

This Rental Agreement constitutes the entire agreement of KEA and the Customer and there are no other oral undertakings, warranties or agreements between the parties relating to its subject matter. Any changes to this Rental Agreement must be in writing and must be signed by KEA and the Customer.

19. Conflict

In the event that these Rental Agreement Terms & Conditions should contain provisions or information that is in conflict with any KEA promotional or marketing material (including that of its authorised agents), then the Customer agrees that these Rental Agreement Terms & Conditions will prevail.

20. Construction

In the construction and interpretation of this Rental Agreement where the circumstances so require the singular shall include the plural and vice versa.

SCHEDULE – COLLISION DAMAGE EXCESS

Rates are in Australian Dollars and include 10% GST and Stamp Duty.

Standard Cover

(Collision Damage Loss Liability Charge)

Silver Cover (ER1)
Collision Damage Loss Liability Charge 1

Gold Cover (ER2)
Collision Damage Loss Liability Charge 2

*A maximum charge of 50 days applies.

Premium Cover (AI)
Collision Damage Loss Liability Charge 3

Responsibilities of the Hirer

The hirer is at all times fully liable for any damage to the KEA Campers vehicle or third party property if the terms of the rental contract are breached including:

• Damage caused by careless, wilful or reckless driving.
• Damage caused by driving under the influence of alcohol or drugs.
• Damage caused due to single vehicle roll over.
• Damage caused by driving on restricted roads.
• Damage to the awning.
• Damage to or loss of any personal belongings.
• Damage caused by the use of incorrect or contaminated fuel.
• Damage caused by part or total water submersion or salt water.

I have read, understand & agree with the these Rental Agreement Terms & Conditions:
Booking No. ___________________ Date______________________

Customer Initial: ___________