Enquire Now
Print

quick links

For travel between 1st April 2018 to 31st March 2019

For travel between 1st April 2019 to 31st March 2020

 

APRIL 2018

1.  Introduction

1.1   These are the terms and conditions that apply to and form part of your Rental Agreement with RedSands Campers.

1.2  You should make all relevant enquires to determine what insurance may be required by you in connection with these terms and conditions and the Rental Agreement, your use of the Vehicle and your travel arrangements generally. Although compulsory third party motor vehicle insurance may cover certain claims made against you for personal injury caused by you or your use of the Vehicle, RedSands Campers recommends that you seek professional advice on the most appropriate choice of insurance for you. This includes, for example, appropriate travel insurance, vehicle insurance, health insurance, accident, emergency and hospital insurance.

2.  Definitions

Damage means any expense, cost or liability incurred by RedSands in respect of:

a.  the loss of, or damage to, the Vehicle, including, the cost of repairing the Vehicle (or, if in RedSands’ reasonable opinion, the damage is irreparable or uneconomic; the replacement cost of the Vehicle), demurrage, administrative, appraisal, storage and recovery costs; and

b.  any claim or demand of any third party made in respect of the Vehicle or the loss of, or damage to any other vehicle or property caused by the Vehicle or resulting from its use,

but does not include any indirect, special or consequential loss.

GST has the meaning used in the A New Tax System (Goods and Services Tax) Act 1999.

Public Holiday” means a day that is a public holiday at the location where the Vehicle must be collected or returned, as specified in the Rental Agreement.

RedSands/RedSands Campers means RedSands Campers Pty Ltd ACN 609 480 177.

Rental Agreement comprises the document titled “Rental Agreement” and these terms and conditions.

Rental Period means the hire period or any extension or variation to that period during which the Vehicle is in your possession or control.

Vehicle means the four-wheel drive vehicle the subject of the Rental Agreement and includes all tools, accessories, Vehicle modifications (whether standard or non-standard) and camping equipment.

You/you means the hirer of the Vehicle and each person noted as a driver on the Rental Agreement.

3.  Rental duration

3.1   The usual minimum Rental Period for the Vehicle is seven days (“Minimum Rental Period”) however in some circumstances this may be varied as determined by RedSands and advised to you upon application, at RedSands absolute discretion.

3.2  Minimum Rental Periods are subject to approval and, if approved, will be communicated to you prior to a booking confirmation being provided.

3.3  Rental days are calculated on a calendar day basis. When calculating the number of days the Vehicle is rented, the day of pick up is counted as day one of the Rental Period, regardless of pick up time. The day of the Vehicle’s return is counted as the final day of the Rental Period regardless of the return time. Vehicles must be returned by 4.00pm on the final day of hire if the return day is a weekday, or by the time specified in the Rental Agreement if the return day is a Saturday, Sunday or Public Holiday.

3.4  Late pick up or early return of the Vehicle does not entitle you to any refund of the unused portion of the Rental Period.

4.  Payment and hire fee rates

4.1 . Advertised rates may be subject to change but all rates applicable to your hire will be confirmed at the time of booking. Full payment of the estimated total daily hire rate is due 55 days prior to hire.

4.2  If you wish to amend the booking prior to collection of the Vehicle, please contact RedSands for approval.  If changes are approved rate re-calculations may apply.

4.3  The daily hire rates, bond and all fees and charges set out in the Rental Agreement are in Australian dollars, inclusive of GST and are payable in Australian dollars. Any refunds due to you under the Rental Agreement will be refunded to you in Australian dollars.

5.  Security Bond

5.1  If you have purchased 4WD Wander Far Coverage, a credit card authorisation for the bond amount relevant to the chosen option of cover outlined in clause 15 of these terms and conditions will be taken by RedSands at the time of entering into the Rental Agreement.  The credit card used must be in your name, as hirer, or in the name of an additional driver listed in the Rental Agreement.

5.2  If you have not purchased 4WD Wander Far Coverage, a bond of $8,000 will be collected at the time of entering into the Rental Agreement. Payment of the bond must be made by credit card upon pick up of the vehicle or to RedSands Campers bank account no less than five days prior to the commencement of the Rental Period. Debit cards cannot be used for payment of the bond. The credit card used must be in your name, as hirer, or in the name of an additional driver listed in the Rental Agreement.

5.3  Only MasterCard, American Express and Visa cards are accepted. An administration fee of 2% applies to credit cards and this fee is refundable, providing the Vehicle is returned without Damage.

5.4  In the event there has been no Damage and subject to any other deductions as set out in clause 5.5 of these terms and conditions, the bond will be refunded, or credit card authorisation released, no later than 21 days after the Vehicle is returned.  Clause 14 applies in the event Damage has occurred.  Refund of, or release of credit card authorisation (where applicable) for, the bond is not a waiver by RedSands of your liability under the Rental Agreement and RedSands retains the right to recover monies for Damages.

5.5  You authorise RedSands to deduct from the bond all amounts payable under the Rental Agreement. By way of summary, these charges include, but are not limited to, any costs or fines arising under clause 6 (Collection and return of the Vehicle), clause 8 (Late Vehicle return), clause 9 (Rental extensions), clause 13 (Maintenance and repairs), clause 14 (Liability for Vehicle Damage), clause 21 ( Traffic offences & tolls), and clause 22 (Termination of the Rental Agreement). RedSands will provide you with an itemised invoice of monies to be deducted from the bond.

5.6  As all transactions under the Rental Agreement are conducted in Australian dollars. Due to exchange rate fluctuations and bank fees, there may be a variance between the amount initially debited against your credit card and the amount refunded. RedSands accepts no liability for any such variation or difference and you accept all exchange rate fluctuation risks.

5.7  If you cancel your credit card for any reason during the term of the Rental Agreement or during the Rental Period, including to avoid payment for any Damage or any costs associated with your use of the Vehicle, that conduct will be regarded as a material breach by you of these terms and conditions.

6.  Collection and return of vehicle

6.1   Vehicles must be collected and returned at the time and date specified on the Rental Agreement. Vehicles collected or returned outside of these hours, on a gazetted public holiday or on a weekend may incur an additional fee of $150.

6.2  RedSands will deliver the Vehicle to you in a clean condition, with a full fuel tank.

6.3  You will return the Vehicle in a clean condition with a full fuel tank on the return date, time and to the location set out in the Rental Agreement. Where you do not return the Vehicle with a full fuel tank, you will be charged a re-fuelling fee of $2 per litre to re-fuel the Vehicle.

6.4  RedSands reserves the right to charge you a cleaning fee of up to $250 if RedSands in its absolute discretion determines that the Vehicle has not been returned in a clean condition. This includes but is not limited to smoking related cleaning or animal related cleaning..

7.  Change of vehicle return location, time or date

7.1  Subject to clauses 8 and 9 of these terms and conditions, prior approval must be obtained from RedSands if you wish to change the return location, return time or return date of the Vehicle specified in the Rental Agreement. A change in return location may result in an additional charge of up to $1,000 as notified by RedSands to you. Payment of all additional fees and rates applicable to any changes requested by you must be received by RedSands before RedSands will authorise any change to the return location, return time or return date.

8.  Late vehicle return

8.1   If the Vehicle is not returned by the time and date set out in the Rental Agreement, you will be liable to pay a late return charge of two times the daily rate for each day or part day that the Vehicle is not returned plus the daily 4WD Wander Far Coverage payment, if applicable.

8.2  You will continue to be responsible for the Vehicle until it is returned to RedSands and checked in by a RedSands’ staff member.

9.  Rental extensions

9.1  RedSands’ approval is required, subject to availability, if you wish to extend the Vehicle rental whilst on hire. The extra cost of an extended rental must be paid by credit card on confirmation of the rental extension.

9.2  Failure to obtain approval for a rental extension will result in a late return charge as set out in clause 8 of these terms and conditions.

10.  Vehicle Substitution

10.1  RedSands will endeavour to supply the Vehicle that was confirmed at the time of booking. If due to unforeseen circumstances the Vehicle is not available, RedSands will find a suitable replacement vehicle. RedSands will determine what, if any, refund is due if vehicle substitution is required.

10.2  If RedSands is not able to find a suitable vehicle RedSands will fully refund all payments made by you. RedSands is not liable for any other costs and losses incurred by you however arising.

11.  Driver’s Licence and age restrictions

11.1  A current, full, non-probationary, motor vehicle driver’s licence is required for all drivers. If a driver’s licence is not in English, then an international driver’s licence is required. The driver’s licence must be valid for the length of the Rental Period. The original licence must be presented at the time of collection of the Vehicle when each driver is present.

11.2  All drivers must be 25 years of age or older and be noted as a driver in the Rental Agreement.

11.3  The Vehicle must not be driven by any person other than those persons noted on the Rental Agreement as drivers.

12. Use of the Vehicle & Restrictions on Vehicle Use

12.1  You agree that you will not allow the Vehicle to be:

(a)  driven otherwise than in a prudent and cautious manner;

(b)  driven in manner that would be dangerous or reckless;

(c)  driven in a manner that may cause damage to the Vehicle including to the Vehicle’s engine or transmission;

(d)  driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;

(e)  driven at a speed in excess of the relevant State or Territory speed limit;

(f)   driven in breach of road signs, road traffic laws or the directions of local authorities;

(g)  driven in contravention of clause 11;

(h)  left unlocked or left unattended while unlocked;

(i)   left with the ignition key in the Vehicle while it is unoccupied;

(j)   damaged during any retrieval or recovery of the Vehicle including as a result of the Vehicle becoming bogged, submerged, caught, trapped, stuck or restricted in any way;

(k)  Damaged by;

(i)  Submersion in water;

(ii)  Contact with salt water;

(iii)  Being in contact with, or driven on, salt lakes or salt flats;

(iv)  Driving through flooded areas;

(v)  Beach driving;

(vi)  your failure to observe any warning indicators that may appear in the Vehicle or to contact RedSands in relation to any warning indicators;

(vii)  you attaching or installing your own equipment to the Vehicle;

(l)  used for any illegal purpose or in any race, rally or contest;

(m)  used to tow any vehicle or trailer;

(n)  used to carry passengers or property for hire or reward;

(o)  used to carry more persons than is permitted by law or detailed in the Vehicle manual or on the Vehicle or specified in the Rental Agreement;

(p)  used to carry volatile liquids, gases, explosives or other corrosive or inflammable material;

(q)  used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure rental; or

(r)  used to carry animals in the Vehicle, excluding registered disability dogs.

12.2  You must inform yourself of, and comply with, all laws applicable to your use of the Vehicle and your obligations contained in these terms and conditions. Without limiting clause 12.1 of these terms and conditions, You must also ensure that the Vehicle is not driven:

a.  above a maximum speed of 80 kilometres per hour on any gravel, dirt or other unsealed road;

b.  below the high tide mark of any beach or other body of water;

c.  on any unformed track;

d.  along the Canning Stock Route;

e.  on Fraser Island;

f.  along the Old Telegraph Track section of Cape York; or

g.  across Yardie Creek in Cape Range National Park.

12.3  In addition to the restrictions contained in clause 12.2, RedSands may need to further 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 the Rental Period. RedSands will contact you to notify you of any additional restrictions that RedSands may deem necessary pursuant to this clause 12.3 and you agree to comply with those additional restrictions.

12.4  You acknowledge that the Vehicle is fitted with a tracking device for your safety and fleet management purposes and that data logged or collected by the tracking device may be used by RedSands to evidence any breaches by you of this clause 12 or clause 21 of these terms and conditions. All information collected under this clause 12.4 will be in accordance with our Privacy Policy which can be viewed on our website.

12.5  Smoking is strictly prohibited inside the Vehicle.

12.6  Without limiting clause 12.7 of these terms and conditions, if RedSands, at its absolute discretion:

(a)  determines that you have been driving at a speed that exceeds either the speed limit or the appropriate speed for the road conditions; or

(b)  determines that you have failed to comply with the restrictions on your use of the Vehicle as outlined in this clause 12,,

RedSands may require a safety check of the Vehicle (“Safety Check”) and you will be charged a fee of $250 for the safety check (“Safety Check Fee”).

12.7  You agree that you will be liable for any Damage reported as a result of the Safety Check plus a fee equal to 200% of the daily rate specified in the Rental Agreement for each day from the day following the Rental Period until the Vehicle has undergone sufficient repairs to rectify the Damage.  Any Damage reported as a result of the Safety Check carried out under clause 12 of these terms and conditions is excluded from any purchased 4WD Wander Far Coverage.

12.8  If your use of the Vehicle requires child car restraints to be fitted to the Vehicle, it is your responsibility to arrange for suitably qualified and accredited child restraint specialists to:

(a)                advise on the most appropriate child car restraint to be used in the Vehicle; and

(b)                install the child car restraint in the Vehicle.

You agree that RedSands does not offer child car restraint advice and does not install child car restraints. You agree that this is your sole responsibility.

13.  Maintenance and Repairs

13.1  During the Rental Period, you must take all reasonable steps to properly maintain the Vehicle, including daily checks of the oil, water and batteries, and you must contact RedSands immediately should any vehicle warning lights indicate any potential malfunction.

13.2  Emergency repairs of up to $100 may be carried out without authorisation and will be reimbursed by RedSands on presentation of the receipt, unless the damage was caused by you. For amounts over $100, RedSands must be informed in advance. All vehicles have 24 hour emergency roadside assistance with RAC WA and its interstate affiliates.

13.3  Unless you have 4WD Wander Far Coverage, you will pay for the cost of repairing or replacing tyres damaged during the Rental Period except if the tyre is defective and is returned by you to RedSands for inspection and is subject to a warranty claim on the manufacturer.

13.4  All tyres replaced by you on the Vehicle must be Bridgestone AT Dueler size 265/65/17 (“Compliant Tyres”). For safety reasons, you must not use other types of tyres on the Vehicle (“Non-Compliant Tyres”). You also acknowledge that you will not be reimbursed for any purchase of Non-Compliant Tyres. If you have purchased 4WD Wander Far Coverage,  you must ensure that any tyres replaced by you are Compliant Tyres as you will only be reimbursed for tyre purchases of Compliant Tyres.

14.  Liability for Vehicle Damage

14.1  The Vehicle is insured for third party Vehicle and property damage. You must pay the first $8,000 or, if purchased, the reduced amount of bond applicable to the chosen option of 4WD Wander Far Coverage outlined in clause 15, for the cost of any Damage incurred while the Vehicle is in your possession.

14.2  You will be responsible for the cost of all Damage to the Vehicle, and the 4WD Wander Far Coverage (if taken) will be void, if:

(a)  you use the Vehicle in contravention of clause 12 of these terms and conditions, and that contravention is the cause of, or contributes to, the relevant Damage; or

(b)  the Damage is covered by any of the exclusions set out in clause 16 of these terms and conditions.

If the estimated cost of the Damage to the Vehicle (or to any other vehicle or property) is likely to exceed the bond amount, RedSands will immediately charge your credit card for the difference to cover the estimated cost of the Damage. In the event the actual cost of Damage is less than the initial estimate, RedSands will promptly refund the difference to your credit card. Alternatively, if the actual cost of Damage exceeds the initial estimate, RedSands will charge your credit card with the difference to cover the cost of the Damage.

14.3  The bond will:

(a)  be refunded to you upon a determination by the relevant insurance company that you were not at fault in relation to the Damage, or

(b)  be deducted by RedSands in the amount equal to the Damage caused by you upon a determination by RedSands’ insurance company that you were at fault in relation to the damage.

14.4  You agree to provide all reasonable assistance to RedSands in handling any claim including providing all relevant information and attending any Court to give evidence.

14.5  The liability of a driver for causing personal injuries resulting from the use of the Vehicle is covered by statutory compensation schemes in each State and Territory.

15.  4WD Wander Far Coverage

15.1  By purchasing 4WD Wander Far Coverage, you have the option to reduce your bond and your liability for certain types of Damage outlined in clause 15.2 (other than Damage arising out of, or incurred in connection with, any Vehicle overhead or underbody damage, or single vehicle accident or for any Damage which voids your 4WD Wander Far Coverage (refer to clause 14.2 of these terms and conditions)). The following 4WD Wander Far Coverage options are available to you:

a.  Option 1: $2,500 for an additional charge of $45 per day (capped at $2,250 for a rental period in excess of 50 days); or

b.  Option 2: $750 for an additional charge of $60 per day (capped at $3,000 for a rental period in excess of 50 days).

15.2  The 4WD Wander Far Coverage inclusions are outlined below:

a.  Option 1 includes one windscreen replacement, one tyre replacement, Single Vehicle accident coverage and Vehicle retrieval and recovery costs up to $5000;

b.  Option 2 includes unlimited windscreen replacement, two tyre replacements, Single Vehicle accident coverage and Vehicle retrieval and recovery costs up to $5000.

16.  Exclusions

16.1  Without limiting any other clause of these terms and conditions, you agree and acknowledge that, irrespective of whether you have 4WD Wander Far Coverage, you are also responsible for all Damage arising out of, or incurred in connection with:

(a)  any loss or damage to your personal belongings or property (or any person or entity related to you or any passenger in the Vehicle);

(b)  replacing keys which have become lost, stolen, or retrieval of keys which have been locked in the Vehicle;

(c)  damage to the awning and the roof top tent;

(d)  damage to the tyre rims;

(e)  damage caused to the Vehicle because total load (kg) has exceeded recommended load as stated in Vehicle manual;

(f)  damage caused by drivers not identified on the Rental Agreement;

(g)  damage caused to the Vehicle due to the use of snow chains;

(h)  damage associated with the incorrect use of fuel (fuel being diesel or petrol), this includes Bio- Diesel which should not be used, or water or other contamination of fuel;

(i)  damage associated with contaminating the water tank with fuel;

(j)  damage to the interior of the Vehicle regardless of cause except when there is a collision with another vehicle;

(k)  damage to the Vehicle by loading or unloading, normal wear and tear excepted;

(l)  damage caused to the Vehicle by your wilful or reckless misconduct;

(m)  damage caused by sitting or standing on the bonnet or roof of the vehicle; and

(n)  retrieving or recovering a Vehicle which may include, but is not limited to a Vehicle that has become bogged, submerged, caught, trapped, stuck or restricted in any way and/or has been abandoned.

16.2  You acknowledge that you are not entitled to any claims for compensation or reimbursement for any loss or damage suffered or incurred by you including for any travel or accommodation expenses, loss of right to use or rental days-in-lieu if, during your Rental Period, repairs are required to the Vehicle as a result of Damage caused, contributed or incurred by you.

16.3  You acknowledge that if you have not purchased 4WD Wander Far Coverage you will be additionally responsible for all Damage arising out of, or incurred in connection with:

(a)  a single vehicle accident;

(b)  tyre damage, other than normal wear and tear; and

(c)  windscreen damage.

17.  In the case of an accident

17.1  If you are involved in a motor vehicle accident, the following procedures should be followed:

(a)  obtain the names and addresses of the other drivers and any witnesses including vehicle registration details and make and model;

(b)  report the accident to police, regardless of the estimated cost of damage;

(c)  do not accept blame or insist the other party is at fault;

(d)  if possible, photograph damage to all vehicles; and

(e)  report the accident to RedSands within 24 hours

17.2  An exchange vehicle is not guaranteed, it is subject to availability, your location and remaining hire duration.

17.3  If an exchange vehicle is available, you are responsible for making your own way to the nearest RedSands’ pick-up location at your own cost.  A new bond (including the purchase of new 4WD Wander Far Coverage (if applicable)) will be required for the exchange vehicle.

18.  Credit card authority

18.1  RedSands is entitled to retain and you authorise RedSands to retain, the details of the credit card provided by you in connection with the Rental Agreement (“Credit Card”) in accordance with the RedSands Privacy Policy and to take any action to recover from the Credit Card the amounts due by you under the Rental Agreement.

18.2  You expressly and irrevocably authorise RedSands to charge to the Credit Card all amounts payable under the Rental Agreement. By way of summary, these charges include, but are not limited to, any costs or fines arising under clause 6 (Collection and return of the Vehicle), clause 8 (Late Vehicle return), clause 9 (Rental extensions), clause 13 (Maintenance and Repairs), clause 14 (Liability for Vehicle Damage), clause 21 (Traffic offences & tolls), and clause 22 (Termination of the Rental Agreement). RedSands will provide you with an itemised invoice of monies to be deducted by RedSands from your Credit Card.

18.3  RedSands may process Credit Card charges relating to the Rental Agreement during and after the Rental Period and you acknowledge and agree that it may take up to 21 days after the Rental Period for these charges to be processed to your Credit Card.

19.  Cancellation charges

19.1  Cancellation fees apply as follows:

(a)  If cancelled 55 days or more prior to pick up there is no fee.

(b)  If cancelled from 35 to 54 days prior to pick up: 30% of the estimated daily hire rate.

(c)  If cancelled 29 to 34 days prior to pick up: 50% of the estimated daily hire rate.

(d)  If cancelled less than 29 days prior to pick up: 90% of the estimated daily hire rate.

(e)  If cancelled on the day of pick up or no show: 100% of the estimated daily hire rate.

20.  Release and Indemnity

20.1  You release RedSands, its employees and agents, from any liability to you (regardless of who is at fault), for any loss or damage incurred by you by reason of the rental, possession or use of the Vehicle.

20.2  You indemnify and must keep indemnified, RedSands, its employees and agents, against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of your use and possession of the Vehicle.

20.3  Any indemnity required of you does not operate to indemnify RedSands in respect of any negligent act by RedSands.

20.4  Nothing contained in these terms and conditions shall exclude any express or implied conditions, warranties or requirements that cannot be so excluded under the Competition and Consumer Act 2010 (Cth).

21.  Traffic offences & tolls

21.1  Unpaid tolls and infringement notices for traffic and parking offences relating to your rental of the Vehicle may be received by RedSands. In the event an infringement or toll notice is received, RedSands will advise the relevant authority that you were the driver of the Vehicle at the time. The authority will issue the infringement or toll notice to you.

21.2  RedSands will charge you a processing fee of $75 for each infringement and toll notice to reimburse RedSands for the costs incurred in processing the notices.

22.  Termination of the Agreement

22.1  You acknowledge that RedSands may terminate the Rental Agreement and repossess the Vehicle (and for that purpose enter upon any premises and remove the Vehicle) at any time, without notification to you, and that you will pay the reasonable cost of repossessing the Vehicle, including towing charges if:

(a)  you are in breach of any material term of this Rental Agreement;

(b)  you have obtained the Vehicle through fraud or misrepresentation;

(c)  RedSands reasonably believes, that the safety of the passengers or the condition of the vehicle is endangered;

(d)  the Vehicle is not returned on the agreed return date or RedSands reasonably believes that the vehicle will not be returned on the agreed return date; and, or

(e)  RedSands reasonably believes the Vehicle to be abandoned.

22.2  You acknowledge that in the event of such termination or repossession, you have no right to a refund of any part of the hire rates or the bond.

23.  Title to the Vehicle

23.1  RedSands retains title to the Vehicle at all times. You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.

24.  Privacy

24.1  RedSands will collect personal information as part of its rental process. Any information collected by RedSands will be handled in accordance with the RedSands’ Privacy Policy which you can view on our website.  You agree that RedSands may collect, use and disclose your personal information in accordance with the RedSands’ Privacy Policy.

25.  Governing Law

25.1  This Rental Agreement is governed by and is to be interpreted in accordance with the laws of Western Australia. Each party agrees to submit to the exclusive jurisdiction of the courts of Western Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

26.  Entire Agreement

26.1  This Rental Agreement contains the entire agreement between the parties about the subject matter and supersedes all prior representations, statements, communications, negotiations, arrangements, understandings and agreements, either oral or written, between the Parties with respect to the subject matter of this Rental Agreement.

APRIL 2019

1.  Introduction

1.1       These are the terms and conditions that apply to and form part of Your Rental Agreement with RedSands Campers.

1.2       These terms and conditions are to be read with the Schedule.

2          Definitions

Accident, Accidental or Accidentally means an unintended, unforeseen, fortuitous or unanticipated happening or mishap which is not expected or designed.

Bond means the sum of $5,000 in the case of a RedSands Toyota Prado Vehicle; and the sum of $8,000 in the case of a RedSands Camper Vehicle, paid in accordance with clause 9.

Camping Accessories means any roof top tents, mattresses, linen, refrigerators gas burners, cookware, cutlery, tableware, utensils, tables, chairs and any other camping accessories supplied by RedSands.

Damage means:

(a)        any loss or damage to the Vehicle or the Camping Accessories while they are in Your possession or control;

(b)       any loss, damage, expense, cost or liability incurred by RedSands in relation to any breach of this Rental Agreement by You; and

(c)        any Loss of Use;

but excludes reasonable wear and tear.

Excess means $5,000 or, if 4WD Wander Far Coverage has been obtained in accordance with clause 21, the applicable Excess under that clause.

GST has the meaning used in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Loss of Use means any loss, damage, expense, cost or liability incurred by RedSands on account of it being unable to use the Vehicle or Camping Accessories outside the Rental Period due to:

(a)        any breach of this Rental Agreement by You;

(b)       theft of the Vehicle or Camping Accessories while they were in Your possession or control immediately prior to the theft; or

(c)        the Vehicle or Camping Accessories being repaired or replaced on account of an event for which You are liable under clause 16.

Overhead Damage means Damage to the Vehicle or Camping Accessories at or above the level of the top of the front windscreen, however caused or occurring or any other loss or damage suffered by any third party on account of:

(a)        contact between that part of the Vehicle or Camping Accessories at or above the level of the top of the front windscreen with objects that overhang or obstruct the Vehicle or Camping Accessories;

(b)       use of the Vehicle in a manner that exceeds the maximum height of the Vehicle (taking into account any Camping Accessories) or which exceeds any advisory or signed Vehicle height limits;

(c)        objects of any kind being placed on the roof of the Vehicle; or

(d)       You or any other person standing or sitting on the roof of the Vehicle.

PPSR means the Personal Properties Securities Register established by the Personal Property Securities Act 2009 (Cth).

Privacy Policy means RedSands’ privacy policy which may be found on RedSands’ website at www.redsandscampers.com

Public Holiday means a day that is a public holiday at the location where the Vehicle must be collected or returned, as specified in the Schedule.

RedSands/RedSands Campers means RedSands Campers Pty Ltd ACN 609 480 177 as trustee for the Winderabandi Family Trust.

RedSands Camper Vehicle means a Vehicle that is a RedSands camper vehicle and which includes Camping Accessories.

RedSands Toyota Prado Vehicle means a Vehicle that is a Toyota Prado vehicle and which does not include Camping Accessories.

Rental Agreement comprises the document titled “Rental Agreement – Schedule” and these terms and conditions.

Rental Period means the hire period referred to in the Schedule or any extension or variation to that period which has been agreed between You and RedSands.

Schedule means the schedule which forms part of the Rental Agreement and is the document titled “Rental Agreement – Schedule”.

Third Party Loss means any loss or damage to third party property, including:

(a)        to other motor vehicles, buildings or land;

(b)       any third party loss of income; or

(c)        consequential loss suffered by a third party.

Underbody Damage means any Damage to the Vehicle or Camping Accessories below the level from the top of the front or rear bumper (whichever is the higher) and whether or not any other parts of the Vehicle are damaged at the same time including the underside of the Vehicle, drive train, chassis, steering, suspension, brakes, exhaust, floor pan, floorboard, foot well and fuel systems that is caused by or directly results from:

(a)        the Vehicle’s contact with any part of the road way or any track;

(b)       immersion, submersion or wading in water, contact with salt water, being in contact with, or driven on, salt lakes or salt flats, floods or flooding or beach driving; or

(c)        the Vehicle’s contact with any object or obstruction including (without limitation) kerbs, gutters, speed or road bumps, barriers, wheel stops, rocks, ruts, debris, river beds, sand or ridges.

Vehicle means the four-wheel drive vehicle specified in the Schedule and includes all tools, components, keys, keyless start devices, remote control devices, audio equipment, manufacturer’s standard tools and accessories, and non-standard items, tools or equipment supplied with or fitted to the Vehicle but excluding the Camping Accessories.

4WD Wander Far Coverage means the reduction in Excess and liabilities as described in clause 21.

You/Your/Yourself means the hirer of the Vehicle and each person noted as a driver in the Schedule. Where in this Rental Agreement there is a reference to Your liability and there is more than one of You, Your liability is joint and several.

3          Rental

3.1       You agree to hire the Vehicle and, if applicable, the Camping Accessories from RedSands for the Rental Period, at the rates and charges set out in the Schedule and otherwise in accordance with the Rental Agreement.

3.2       Unless otherwise agreed, the minimum Rental Period for the Vehicle is seven days (“Minimum Rental Period”). The Minimum Rental Period may be varied by agreement between the parties. RedSands is under no obligation to agree to a variation to the Minimum Rental Period. However, if RedSands is willing to do so, it will advise You prior to entering into this Rental Agreement.

3.3       Rental days are calculated on a calendar day basis. When calculating the number of days the Vehicle and Camping Accessories are rented, the day of pick up is counted as day one of the Rental Period, regardless of pick up time. The day of the return of the Vehicle and Camping Accessories is counted as the final day of the Rental Period regardless of the return time. The Vehicle and Camping Accessories must be returned by 4.00pm on the final day of hire if the return day is a weekday, or by the time specified in the Rental Agreement if the return day is a Saturday, Sunday or Public Holiday.

3.4       Late pick up or early return of the Vehicle or Camping Accessories does not entitle You to any refund of the unused portion of the Rental Period.

4          Payments

4.1       Full payment of the estimated total hire charges calculated at the daily hire rate (including all ancillary fees and charges) for the duration of the Rental Period plus the amounts payable pursuant to clause 9 (Security Bond) or clause 21 (4WD Wander Far Coverage) is due and payable in accordance with clauses 9 and 10.

4.2       All amounts referred to in this Rental Agreement are:

(a)        in Australian dollars; and

(b)       unless stated otherwise, inclusive of any GST.

4.3       All amounts required to be paid by You under this Rental Agreement:

(a)        must be paid in Australian dollars; and

(b)       will be taken to have been paid upon receipt of sufficient cleared funds in Australian dollars into RedSands’ nominated bank account (in the case of payment by direct debit) or upon receipt of a notification from the credit card issuer that a charge to Your credit card for the required amount has been approved (in the case of payment by credit card).

4.4       You acknowledge that advertised rates are subject to change. All hire rates applicable to Your hire will be calculated as at the time of booking regardless of any subsequent change to advertised rates.

4.5       Any refunds due to You under the Rental Agreement will be refunded to You in Australian dollars.

4.6       Where RedSands is required to refund amounts previously paid by You in a currency other than Australian dollars, there may be a difference between the amount initially paid by You and the amount repaid by RedSands due to exchange rate fluctuations and bank fees. RedSands accepts no liability for any such difference and You accept all exchange rate fluctuation risks and liabilities for bank fees.

5          Collection and Return of Vehicle

5.1       The Vehicle and any Camping Accessories must be collected and returned by You at the time, date and location specified in the Schedule. Vehicles or Camping Accessories collected or returned outside of these hours, on a gazetted public holiday or on a weekend may incur a fee of $150 in addition to any other late fees and charges payable.

5.2       RedSands will provide the Vehicle and Camping Accessories to You in a clean and tidy condition, in good working order and, in the case of the Vehicle, with a full fuel tank.

5.3       You must return the Vehicle and Camping Accessories on the return date, at the return time and to the location set out in the Schedule. The Vehicle and the Camping Accessories must be returned to RedSands in a clean and tidy condition, in good working order (except for reasonable wear and tear) and, in the case of the Vehicle, with a full fuel tank.

5.4       If You do not return the Vehicle with a full fuel tank, You will be charged a re-fuelling fee of $3 per litre to re-fuel the Vehicle.

5.5       If RedSands considers that, acting reasonably, the Vehicle or the Camping Accessories have not been returned in a clean and tidy condition, RedSands may charge You a cleaning fee of $60 per hour, calculated on the basis of how long it takes to clean the Vehicle and Camping Accessories. Examples of where this fee may be charged include where the Vehicle or the Camping Accessories are:

(a)        affected by odours, including on account of smoking or animals; or

(b)       contaminated with dust, dirt or other pollutants; or

(c)        contaminated by the presence of animals.

This fee is in addition to Your other liabilities under this Rental Agreement, including in relation to Damage.

6          Change of Vehicle Return Location, Time or Date

6.1       Any request by You to change the time or date when the Vehicle or Camping Accessories are to be returned to RedSands, or the return location, is subject to the prior approval of RedSands, in its absolute discretion. Without limiting the exercise of that discretion, RedSands may refuse to approve any change if the Vehicle or Camping Accessories are not available, or are required at a particular location for a booking by another party.

6.2       If RedSands is willing to approve a change to the time or date when the Vehicle or Camping Accessories are to be returned to RedSands, or the return location, You will be required to pay additional fees and charges. You will be notified of the additional charges applicable prior to the change having effect.

6.3       Payment of all additional fees and charges applicable to any changes requested by You must be received by RedSands before the change has effect.

6.4       You acknowledge that if You fail to comply with this clause and return the Vehicle or Camping Accessories at a time or date, or to a different location than that specified in the Schedule without prior approval from RedSands and payment of all additional fees and charges, You will have breached the Rental Agreement. You will also be liable to RedSands in accordance with clause 7, in addition to any other liability under this Rental Agreement.

7          Late Return or to a Different Location

7.1       If the Vehicle or Camping Accessories are not returned by the time and date set out in the Schedule or as agreed in accordance with clause 6, in addition to Your other liabilities under the Rental Agreement, You will be liable to pay a late return charge of two times the daily hire rate for each day or part day that the Vehicle or Camping Accessories are not returned plus the daily 4WD Wander Far Coverage payment, if applicable.

7.2       If the Vehicle and Camping Accessories are not returned to the return location set out in the Schedule or as agreed in accordance with clause 6, in addition to Your other liabilities under the Rental Agreement, You will be liable to pay for the transportation of the Vehicle and Camping Accessories to the agreed return location plus a late return charge of two times the daily hire rate for each day or part day from the end of the Rental Period to the day that the Vehicle and Camping Accessories arrive at the agreed return location.

7.3       You will continue to be responsible for the Vehicle and Camping Accessories until they are returned to RedSands and checked in by a RedSands’ staff member at the agreed return location.

8          Substitution of Vehicle or Camping Accessories

8.1       RedSands will use reasonable endeavours to supply the Vehicle that was nominated at the time of booking.

8.2       If due to circumstances which were not reasonably foreseeable at the time of booking, the Vehicle or Camping Accessories are not available, RedSands may supply a vehicle or camping accessories which are substantially equivalent to the Vehicle or Camping Accessories nominated at the time of booking. Where this occurs, the substituted vehicle or camping accessories will be regarded as the Vehicle or Camping Accessories (as applicable) for the purposes of this Rental Agreement.

8.3       Subject to clause 4.6, if RedSands is unable to supply a vehicle or camping accessories which are substantially equivalent to the Vehicle or Camping Accessories nominated at the time of booking, and You do not elect to hire a different vehicle or camping accessories in accordance with clause 8.4, You are entitled to a full refund of the amounts You have paid under this Rental Agreement. If this occurs, this Rental Agreement comes to an end and RedSands is not liable for any other costs or losses incurred by You, however arising.

8.4       If RedSands is unable to supply a vehicle or camping accessories which are substantially equivalent to the Vehicle or Camping Accessories nominated at the time of booking, RedSands may, subject to availability, offer You a different vehicle or camping accessories. The offer may be made subject to an adjustment to the rates and charges set out in the Schedule and the amounts which You must pay under the Rental Agreement if You accept the offer.

8.5       If You accept the offer of a different vehicle or camping accessories as described in clause 8.4:

(a)        the vehicle or camping accessories supplied will be regarded as the Vehicle or Camping Accessories (as applicable) for the purposes of this Rental Agreement;

(b)       the Rental Agreement will be varied in accordance with the offer;

(c)        You must pay any additional charges payable by You prior to the commencement of the Rental Period, if applicable;

(d)       RedSands will refund to You any amounts payable to You on account of the changes made within 14 days; and

(e)        RedSands is not liable for any other costs or losses incurred by You, however arising.

9          Security Bond

9.1       Unless You have purchased 4WD Wander Far Coverage, You are required to pay RedSands the Bond as security for the performance of Your obligations under this Rental Agreement.

9.2       The Bond may only be paid in accordance with this clause 9 and by one of the following payment methods:

(a)        direct deposit into a bank account nominated by RedSands; or

(b)       by credit card.

9.3       If you elect to pay the Bond by direct deposit into a bank account nominated by RedSands, you must make payment no less than 5 days prior to the collection of the Vehicle.

9.4       Payment by direct deposit is only regarded as being made when cleared funds have been received into the bank account nominated by RedSands.

9.5       If you elect to pay the Bond by credit card, you must make payment prior to the collection of the Vehicle.

9.6       If payment of the Bond is made by credit card, only MasterCard, American Express and Visa cards are accepted by RedSands and an administration fee of 2.5% will also be charged. The administration fee is refundable to the same extent (and in the same proportion) as the Bond is refundable pursuant to this clause 9. The credit card used must be in the name of the hirer of the Vehicle or a person noted as a driver on the Rental Agreement.

9.7       You acknowledge that the time limits in clauses 9.3 and 9.5 must be strictly adhered to.

9.8       Subject to this clause 9, the Bond (and any administration fee paid) will be repaid to the person who paid it if, after the conclusion of the Rental Agreement, there are no amounts for which You are liable to pay to RedSands pursuant to this Rental Agreement or on account of Your hire of the Vehicle or Camping Accessories.

9.9       You acknowledge that RedSands requires time to assess Your liability once the Rental Period has come to an end. For this purpose, RedSands may withhold repayment of the Bond for a period of up to 21 days from the end of the Rental Period while that assessment is made.

9.10     If, at the end of the Rental Period, You are liable to pay RedSands a sum of money pursuant to this Rental Agreement or on account of Your hire of the Vehicle or Camping Accessories, RedSands may set-off that sum against RedSand’s liability to repay the Bond. If, after that set-off:

(a)        Your liability exceeds the Bond, RedSands is not obliged to repay the Bond and You will remain liable for, and must immediately pay, the balance to RedSands; and

(b)       the Bond exceeds Your liability, RedSands must repay to the person who paid the Bond, the balance and the proportion of any administrative fee which was paid on that balance.

9.11     RedSands will provide You with an itemised invoice showing the amounts set-off pursuant to clause 9.10.

9.12     If, within 21 days of the end of the Rental Period, You are liable to pay RedSands a sum of money pursuant to this Rental Agreement or on account of Your hire of the Vehicle or Camping Accessories but that sum is not able to be accurately assessed, RedSands:

(a)        may make a reasonable estimate of that sum; and

(b)       apply that estimate against the Bond in accordance with clause 9.10.

9.13     If RedSands has made an estimate in accordance with clause 9.12, then upon Your liability being accurately assessed:

(a)        if the estimate exceeds the assessment, RedSands will repay, to the person who paid the Bond, the difference between the estimate and the assessment and the proportion of any administrative fee which was paid on the difference; and

(b)       if the assessment exceeds the assessment, You will remain liable for, and must immediately pay, the difference to RedSands.

9.14     RedSands may apply the Bond in the manner contemplated by this clause 9 notwithstanding that there is, or is likely to be, a pending claim by RedSands under an applicable policy of insurance in relation to Your liability.

9.15     In the event that RedSands receives payment in response to a claim under an applicable policy of insurance in relation to Your liability, RedSands will repay to the person who paid the Bond an amount equal to:

(a)        that proportion of the Bond (and any other amount paid pursuant to this clause) which reflects the payment received and so much of the administrative fee which was paid on that proportion of the Bond; less

(b)       any applicable Excess.

9.16     If during the Rental Period, an event occurs which:

(a)        may give rise to RedSands making a claim under an applicable policy of insurance in relation to the Vehicle or Camping Accessories; or

(b)       results in Damage to an estimated value equal to, or greater than, $5,000;

RedSands may require you to pay an additional sum reflective of the loss suffered or likely to be suffered by RedSands in relation to the event.

9.17     The additional sum referred to in clause 9.16 is to be held and may be applied in the same manner as the Bond.

9.18     Any failure by You to pay any sum required by RedSands pursuant to clause 9.16 is a material breach of the Rental Agreement.

10        Credit Card Pre-Authorisations

10.1     If You wish to purchase 4WD Wander Far Coverage, You must provide a credit card pre-authorisation in accordance with this clause 10 instead of a Bond.

10.2     The credit card pre-authorisation must be provided prior to your collection of the Vehicle.

10.3     Only MasterCard, American Express and Visa cards are accepted by RedSands for pre-authorisation. The credit card used must be in the name of the hirer of the Vehicle or a person noted as a driver on the Rental Agreement.

10.4     The amount of the credit card pre-authorisation required is as follows:

(a)        4WD Wander Far Coverage – $2,500 Excess:  $2,500; and

(b)       4WD Wander Far Coverage – $500 Excess: $500.

10.5     If You cancel Your credit card for any reason during the term of the Rental Agreement or during the Rental Period, including to avoid payment for any Damage, Third Party Loss or any costs associated with Your use of the Vehicle or Camping Accessories, that conduct will be regarded as a material breach by You of the Rental Agreement.

11        Driver’s Licence and Age Restrictions

11.1     You must hold a current, full, non-probationary, motor vehicle driver’s licence:

(a)        applicable for the Rental Period,

(b)       appropriate for the class of the Vehicle type;

(c)        which has legal effect in all locations where You take the Vehicle; and

(d)       which shows Your current residential address.

11.2     If You only hold a motor vehicle driver’s licence issued in a country other than Australia, You acknowledge that laws and driving regulations may differ in each state and territory of Australia. For example, in some places in Australia, You are required to, among other things, carry an international driver’s licence or permit. In other places, You may be required to, among other things, carry Your licence obtained outside of Australia and, if it is not in English, a formal translation of Your licence into English. Without limiting clause 12.10, it is Your responsibility to ensure that You comply with the laws and driving regulations which apply in each state and territory of Australia in which You travel.

11.3     Your original licence and any formal translation of it (if applicable) must be presented by You in person at the time of collection of the Vehicle. If Your motor vehicle driver’s licence does not contain Your photograph, You must also present Your passport at that time.

11.4     If You do not comply with the requirements of this clause 11, or RedSands reasonably considers that, taking into account where You intend to travel, You are likely to breach this clause 11, RedSands may refuse to deliver the Vehicle and Camping Accessories (if applicable) to You.

11.5     All drivers of the Vehicle must be 25 years of age or older and be noted as a driver in the Rental Agreement.

11.6     The Vehicle must not be driven by any person other than those persons noted on the Rental Agreement as drivers.

12        Use of the Vehicle and Restrictions on Vehicle Use

12.1     The Vehicle and the Camping Accessories may only be used for recreational purposes in accordance with the terms of this Rental Agreement.

12.2     If the Rental Agreement includes the hire of the Camping Accessories with the Vehicle, the Vehicle and the Camping Accessories cannot be separated from each other.

12.3     You must not allow the Vehicle to be driven:

(a)        by someone other than You;

(b)       otherwise than in a prudent and cautious manner;

(c)        in manner that would be dangerous or reckless;

(d)       in a manner that may cause damage to the Vehicle including to the Vehicle’s engine or transmission;

(e)        by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;

(f)        at a speed in excess of the relevant State or Territory speed limit;

(g)        above a maximum speed of 80 kilometres per hour on any gravel, dirt or other unsealed road;

(h)       in breach of any laws, including road traffic laws or the directions of government authorities;

(i)         if it is in an unsafe condition;

(j)         in contravention of clause 11;

(k)        below the high tide mark of any beach or other body of water; or

(l)         on any unformed track.

12.4     You acknowledge that there are restrictions on where You may take the Vehicle and any Camping Accessories. You may not drive or take the Vehicle and any Camping Accessories:

(a)        along the Canning Stock Route;

(b)       on Fraser Island;

(c)        along the Old Telegraph Track section of Cape York; or

(d)       across Yardie Creek in the Cape Range National Park.

12.5     In addition to the restrictions contained in clause 12.4, RedSands may need to further restrict where You may take the Vehicle and any Camping Accessories due to adverse road or weather conditions, and the distance to nominated destinations given the length of the Rental Period. RedSands will contact You to notify You of any additional restrictions that RedSands may deem necessary pursuant to this clause 12.5 and You agree to comply with those additional restrictions.

12.6     You must not allow the Vehicle to be:

(a)        left unlocked or left unattended while unlocked;

(b)       left with the ignition key, keyless start device or remote control in the Vehicle while it is unoccupied;

(c)        used for any commercial or other purpose for hire or reward, including without limitation, the carrying passengers or property for hire or reward;

(d)       used for any illegal purpose or in any race, rally or contest;

(e)        used to tow any vehicle or trailer;

(f)        used to carry more persons than is permitted by law or detailed in the Vehicle manual or on the Vehicle or as specified in the Rental Agreement;

(g)        used to carry volatile liquids, gases, explosives or other corrosive or inflammable material (with the exception of fuel contained in the Vehicle’s fuel tanks as fitted at manufacture and LPG gas in any gas bottles supplied by RedSands);

(h)       used for the purpose of transporting and haulage of goods other than what might be reasonably expected to be transported for recreational purposes; or

(i)         used to carry animals in the Vehicle, excluding registered disability dogs.

12.7     You must take reasonable care to prevent Damage to, or theft of, the Vehicle and the Camping Accessories, including:

(a)        keeping the ignition key, keyless start device or remote control for the Vehicle under Your control until the Vehicle is returned to RedSands;

(b)       keeping the Vehicle locked with the windows up when left unattended; and

(c)        parking the Vehicle in locations which do not pose a material risk of Damage or exposure to hazards, including by falling trees or tree branches or the flow of water.

12.8     You must not, and You must not allow anyone else, to smoke in, or near the Vehicle or the Camping Accessories.

12.9     You must not allow any other person to:

(a)        take control of the Vehicle or the Camping Accessories, unless authorised by RedSands or otherwise required by law; or

(b)       acquire any interest in the Vehicle or the Camping Accessories (by security or otherwise).

12.10   You must inform Yourself of, and comply with, all laws applicable to Your use of the Vehicle and Camping Accessories pursuant to this Rental Agreement.

13        Monitoring by RedSands

13.1     You acknowledge that the Vehicle is fitted with a tracking device for Your safety and fleet management purposes and that data logged or collected by the tracking device may be used by RedSands as evidence of any breaches by You of this Rental Agreement. All information collected in this way will be in accordance with our Privacy Policy which can be viewed on our website.

13.2     Without limiting Your liability under this Rental Agreement, if RedSands reasonably suspects that:

(a)        You have been driving at a speed that exceeds either the speed limit or the appropriate speed for the road conditions; or

(b)       You have failed to comply with the restrictions on Your use of the Vehicle or Camping Accessories under this Rental Agreement,

RedSands may require a safety check of the Vehicle (“Safety Check”) and You will be charged a fee of $275 for the safety check (“Safety Check Fee”).

13.3     You agree that You will be liable for any Damage reported as a result of the Safety Check, which Damage includes Loss of Use from the end of the Rental Period to the time that the Damage is rectified by repair or replacement.

13.4     Any Damage reported as a result of the Safety Check carried out under this clause 13 is excluded from any purchased 4WD Wander Far Coverage.

14        Child Vehicle Restraints

14.1     You may be required under the laws applicable in Australia to ensure that child car restraints are fitted to the Vehicle and used appropriately whilst driving with children in the Vehicle.

14.2     If Your use of the Vehicle requires child car restraints to be fitted to the Vehicle, it is Your responsibility to arrange for suitably qualified and accredited child restraint specialists to:

(a)        advise on the most appropriate child car restraint to be used in the Vehicle; and

(b)       install the child car restraint in the Vehicle.

14.3     You agree that RedSands does not offer child car restraint advice and does not install child car restraints.

14.4     You agree that it is Your sole responsibility to ensure that appropriate child car restraints are fitted to the Vehicle, where necessary or appropriate.

15        Roadside Assistance, Maintenance and Repairs

15.1     During the Rental Period, You must take all reasonable steps to properly maintain the Vehicle, including daily checks of the oil, water and batteries, and You must contact RedSands immediately should any vehicle warning lights indicate any potential malfunction.

15.2     Emergency repairs of up to $100 may be carried out without authorisation and will be reimbursed by RedSands on presentation of a tax invoice, unless the repairs were on account of Damage for which You are liable under this Rental Agreement. For amounts over $100, RedSands must provide its prior approval before the amount is incurred.

15.3     In the event of breakdown, 24 hour emergency roadside assistance is available from the RAC WA and its interstate affiliates.

15.4     All tyres replaced by You on the Vehicle must be Bridgestone AT Dueler size 265/65/17 (“Compliant Tyres”). For safety reasons, You must not use other types of tyres on the Vehicle (“Non-Compliant Tyres”).

15.5     Unless You are covered for the cost of a replacement tyre or tyres under the 4WD Wander Far Coverage, You must pay for the cost of repairing or replacing tyres damaged during the Rental Period.

15.6     Notwithstanding clause 15.5, You are not liable for the cost of repairing or replacing a tyre if:

(a)        in the case of a replaced tyre, it is replaced with a Compliant Tyre; and

(b)       the replaced tyre is defective, returned by You to RedSands for inspection, and the manufacturer of the tyre accepts a warranty claim in relation to the tyre.

15.7     You acknowledge that You will not be reimbursed for any purchase of Non-Compliant Tyres in any circumstances, even if You have purchased 4WD Wander Far Coverage.

16        Your Liability under this Rental Agreement

16.1     Subject to clause 18, You are liable under this Rental Agreement to RedSands for:

(a)        the amounts for, or in relation to, the rental of the Vehicle and any Camping Accessories under the Rental Agreement;

(b)       any Damage regardless of whether You are at fault or not; and

(c)        the amounts for which You provide RedSands an indemnity under clause 25.

16.2     Without limiting clause 16.1(b), the types of Damage for which You are liable include:

(a)        the costs to replace keys, keyless entry devices or remote controls which have become lost, or stolen, or the costs to retrieve those items which have been locked in the Vehicle;

(b)       damage to the awning and the roof top tent;

(c)        damage to the tyre rims;

(d)       damage caused to the Vehicle because the total load of the Vehicle has exceeded the recommended load as stated in the Vehicle manual;

(e)        damage caused by drivers not identified in the Schedule;

(f)        damage caused to the Vehicle due to the use of snow chains;

(g)        damage associated with:

(i)         the incorrect use of fuel for the Vehicle engine type;

(ii)        the use of Bio-Diesel (which should not be used in any circumstances); or

(iii)       water or other contamination of fuel.

(h)       damage associated with contaminating the water tank with fuel;

(i)         damage to the interior of the Vehicle;

(j)         damage to the Vehicle by loading or unloading;

(k)        damage caused to the Vehicle by Your wilful or reckless misconduct;

(l)         damage caused to the bonnet or roof of the Vehicle including damage caused by sitting or standing on the bonnet or roof of the Vehicle;

(m)      the costs of retrieving or recovering the Vehicle which may include, but is not limited to, where the Vehicle has:

(i)         been impounded or taken by another party;

(ii)        become bogged, submerged, immersed, caught, trapped, stuck, stranded or restricted in any way; or

(iii)       been abandoned;

(n)       damage caused by any retrieval or recovery of the Vehicle including, without limitation, as a result of the Vehicle becoming bogged, submerged, immersed, caught, trapped, stuck, stranded or restricted in any way; and

(o)       damage caused by;

(i)         submersion or immersion;

(ii)        contact with salt water;

(iii)       being in contact with, or driven on, salt lakes or salt flats;

(iv)       floods or flooding;

(v)        beach driving;

(vi)       any act or incident, however occurring, that causes Overhead Damage or Underbody Damage;

(vii)      Your failure to observe any warning indicators that may appear in the Vehicle or to contact RedSands in relation to any warning indicators; or

(viii)     You attaching or installing Your own equipment to the Vehicle.

16.3     If in RedSands’ reasonable opinion, the damage to the Vehicle or Camping Accessories is not repairable or is uneconomic to repair, You will be liable for the replacement cost of so much of the Vehicle or Camping Accessories that has been damaged.

16.4     Where there is more than one of You, Your liabilities under this Rental Agreement are owed by You jointly and severally.

17        No Provision of Insurance

17.1     You acknowledge that RedSands does not offer You insurance under this Rental Agreement. Instead, RedSands permits Your liability to RedSands to be reduced in limited circumstances set out in this Rental Agreement where a policy of insurance held by RedSands indemnifies RedSands for certain losses suffered by it.

17.2     You should make all relevant enquires to determine what insurance may be required by You in connection with the Rental Agreement, Your use of the Vehicle and Camping Accessories and Your travel arrangements generally.

17.3     You acknowledge that although compulsory third party motor vehicle insurance may cover certain claims made against You for personal injury caused by You or Your use of the Vehicle, RedSands recommends that You seek professional advice on the most appropriate choice of insurance for You. This includes, for example, appropriate travel insurance, vehicle insurance, health insurance, accident, emergency and hospital insurance.

18        Reducing Your Liability

18.1     Subject to Your payment of the applicable Excess for each claim in relation to the Vehicle or Camping Accessories, Your liability under clause 16.1 is reduced to the extent of the amount of any proceeds RedSands is paid on account of any claim made by it under an applicable policy of insurance RedSands may hold in relation to that liability. In the event that RedSands does not hold an applicable policy of insurance for all or part of Your liability, or the insurer refuses to indemnify RedSands in relation to a claim, Your liability (or that part of Your liability) under clause 16.1 is not subject to change.

18.2     Nothing in this Rental Agreement limits Your liability that may arise at law independently of this Rental Agreement.

18.3     The liability of a driver for causing personal injuries resulting from the use of the Vehicle is covered by statutory compensation schemes in each State and Territory.

19        Payment of Excess

19.1     Prior to RedSands making any claim under an applicable policy of insurance in relation to a liability referred to in clause 16.1 above, You must:

(a)        subject to clause 19.3, pay the applicable Excess in relation to that claim; and

(b)       provide all reasonable assistance to RedSands in making any claim including providing all relevant information to RedSands or its insurer.

19.2     After a claim is made, You must continue to provide all reasonable assistance to RedSands and its insurer, including attending any court or tribunal to give evidence or providing relevant documents if requested to do so.

19.3     The Excess is not payable by You in relation to a claim if RedSands is notified by its insurer that no Excess is applicable in relation to that claim.

19.4     If You pay the Excess and subsequently, RedSands is reimbursed for that amount from its insurer, RedSands will repay the amount to You after deduction of any other sums You may owe RedSands.

19.5     You acknowledge that it may take time for any insurance claim to be processed by RedSands’ insurer. RedSands is not obliged to pay any sums which may become payable to You in relation to, or as a consequence of any such claim until that claim has been resolved by the insurer.

19.6     Nothing in this Rental Agreement imposes any obligation on RedSands to take out any particular type of insurance policy or policies in relation to any risk associated with the Rental Agreement, the Vehicle or Camping Accessories or Your rental, possession or use of the Vehicle or Camping Accessories.

19.7     Where the Excess which would be payable by You in relation to a claim under an applicable policy of insurance is likely to exceed the amount of Your liability, RedSands will waive any requirement for You to pay the Excess provided that You remain liable for, and pay, Your liability.

19.8     Nothing in this Rental Agreement imposes any obligation on RedSands to make a claim under a policy of insurance if:

(a)        acting reasonably, RedSands considers that the relevant insurer will not indemnify RedSands in relation to the proposed claim; or

(b)       RedSands elects, in its absolute discretion, to accept payment by You of an amount equivalent to the applicable Excess in full satisfaction of Your liability in relation to the proposed claim.

20        Examples of Damage Not Covered by Insurance

20.1     You acknowledge that even where RedSands holds a policy of insurance, that policy will not cover all of Your liability referred to in clause 16.1 above.

20.2     You acknowledge that it is not possible to state every loss which may be covered by an applicable policy of insurance held by RedSands. However, the following types of loss (regardless of fault) are NOT covered by insurance:

(a)        Damage caused by Your breach of this Rental Agreement;

(b)       Damage incurred while You are driving the Vehicle and:

(i)         at that time, You are impaired by any drug or intoxicating liquor; or

(ii)        You are subsequently convicted of driving under the influence of any drug or intoxicating liquid at that time; or

(iii)       You have a percentage of alcohol or drugs in Your breath, blood or urine in excess of the percentage permitted by law at that time; or

(iv)       You refuse to provide or allow the taking of a sample of breath, blood or urine for testing or analysis as required by law;

(c)        Damage to any of the Camping Accessories;

(d)       Damage occurring whilst the Vehicle is on a beach or sand dune;

(e)        Damage caused by flooding, stranding, or immersion;

(f)        damage to the tyres of the Vehicle caused by the application of brakes or by punctures, cuts or bursts;

(g)        Underbody Damage;

(h)       Overhead Damage];

(i)         Loss of Use;

(j)         any Damage intentionally caused by You;

(k)        any loss or damage to Your personal belongings or property (or any person or entity related to You or any passenger in the Vehicle); and

(l)         any of the matters specified in clause 22.

21        4WD Wander Far Coverage

21.1     4WD Wander Far Coverage only applies when purchased by You prior to the time of commencement of this Rental Agreement.

21.2     By purchasing 4WD Wander Far Coverage:

(a)        Your liability under this Rental Agreement to pay the Excess for each claim is reduced in circumstances where RedSands makes a claim under an applicable policy of insurance in relation to a liability referred to in clause 16.1 above; and

(b)       You are entitled to be reimbursed by RedSands for certain limited types of Damage as specified in clause 21.7 in any event.

21.3     4WD Wander Far Coverage only applies to the liabilities expressly referred to in this clause 21.

21.4     A summary of the different types of 4WD Wander Far Coverage is set out below:

4WD Wander Far Coverage – $2,500 Excess

Vehicle Type

  • RedSands Camper Vehicle  (Not available for Toyota Prado Vehicles)

Excess

  • $2,500

Inclusions

  • 1 windscreen*
  • 1 tyre*
  • Vehicle retrieval and recovery costs of up to $5,000 (in the aggregate)#

Fee

  • $49 per day (capped at $2,450).

Notes:

*          Accidental damage only.

#          Excludes Damage to the Vehicle or Camping Accessories caused by (i) the circumstances leading to the need for the Vehicle to be retrieved or recovered or (ii) the retrieval or recovery. You will remain liable for that Damage subject to any reduction in accordance with clause 18.1.

4WD Wander Far Coverage – $500 Excess

Vehicle Type

  • RedSands Camper Vehicle  (Not available for Toyota Prado Vehicles)

Excess

  • $500

Inclusions

  • Unlimited windscreens*
  • 2 tyres*
  • Vehicle retrieval and recovery costs of up to $5,000 (in the aggregate)#

Fee

  • $69 per day (capped at $3,450).

Notes:

*          Accidental damage only.

#          Excludes Damage to the Vehicle or Camping Accessories caused by (i) the circumstances leading to the need for the Vehicle to be retrieved or recovered or (ii) the retrieval or recovery. You will remain liable for that Damage subject to any reduction in accordance with clause 18.1.

RedSands Toyota Prado Vehicle        

Vehicle Type

  • Toyota Prado Vehicle

Excess

  • $500

Inclusions

  • 1 windscreen*
  • 2 tyres*
  • Vehicle retrieval and recovery costs of up to $5,000 (in the aggregate)#

Fee

  • $49 per day (capped at $2,450)

*          Accidental damage only.

#          Excludes Damage to the Vehicle or Camping Accessories caused by (i) the circumstances leading to the need for the Vehicle to be retrieved or recovered or (ii) the retrieval or recovery. You will remain liable for that Damage subject to any reduction in accordance with clause 18.1.

21.5     If you purchase “4WD Wander Far Coverage – $2,500 Excess”:

(a)        the Excess is reduced from $5,000 to $2,500 for an additional charge of $49 per day (which, subject to clause 21.11, is capped at $2,450 for a rental period in excess of 50 days); and

(b)       You are not liable for the Damage specified in clause 21.7(a).

21.6     If you purchase “4WD Wander Far Coverage – $500 Excess”:

(a)        the Excess is reduced from $5,000 to $500 for:

(i)         an additional charge of $69 per day (which, subject to clause 21.11, is capped at $3,450 for a rental period in excess of 50 days) in the case of a RedSands Camper Vehicle; or

(ii)        an additional charge of $49 per day (which, subject to clause 21.11, is capped at $2,450 for a rental period in excess of 50 days) in the case of a RedSands Toyota Prado Vehicle; and

(b)       You are not liable for the Damage specified in clause 21.7(b).

21.7     Subject to clause 13.4, the Damage in respect of which You are not liable under the 4WD Wander Far Coverage is as follows:

(a)        in the case of “4WD Wander Far Coverage – $2,500 Excess”, the replacement of one (1) windscreen on account of Accidental Damage, the replacement of one (1) tyre on account of Accidental Damage and Vehicle retrieval and recovery costs of up to $5,000 (in the aggregate);

(b)       in the case of “4WD Wander Far Coverage – $500 Excess” for RedSands Camper Vehicles, the replacement of the windscreen on account of Accidental damage, irrespective of how many times the windscreen is Accidentally damaged during the Rental Period, the replacement of two (2) tyres on account of Accidental Damage, and Vehicle retrieval and recovery costs of up to $5,000 (in the aggregate); and

(c)        in the case of “4WD Wander Far Coverage – $500 Excess” for RedSands Toyota Prado Vehicles, the replacement of one (1) windscreen on account of Accidental damage, the replacement of two (2) tyres on account of Accidental Damage, and Vehicle retrieval and recovery costs of up to $5,000 (in the aggregate).

21.8     Vehicle retrieval and recovery costs do not include Damage to the Vehicle or Camping Accessories caused by:

(a)        the circumstances leading to the need for the Vehicle to be retrieved or recovered; or

(b)       the retrieval or recovery.

The amount for that Damage is not included in 4WD Wander Far Coverage and You will remain liable for that amount subject to any reduction in accordance with clause 18.1.

21.9     You acknowledge that even if You purchase 4WD Wander Far Coverage, it does not reduce Your liability in circumstances where the Damage is not covered by clause 21.7 and one or more of the following applies:

(a)        there is no applicable policy of insurance;

(b)       a policy of insurance held by RedSands does not cover Your liability; and

(c)        the amount of the liability is less than the Excess payable.

21.10   If You have purchased 4WD Wander Far Coverage prior to the time of commencement of this Rental Agreement and during the Rental Period, an event occurs which:

(a)        may give rise to RedSands making a claim under an applicable policy of insurance in relation to the Vehicle or Camping Accessories; or

(b)       results in Damage to an estimated value equal to, or greater than, $5,000;

then:

(c)        the 4WD Wander Far Coverage comes to an end immediately following that event;

(d)       provided You are not in breach of this Rental Agreement, You may, within 48 hours of the event occurring, purchase new 4WD Wander Far Coverage from the date of the event to the end of the Rental Period; and

(e)        unless You purchase new 4WD Wander Far Coverage, you must pay the Bond.

21.11   For the purposes of assessing the cap on the daily charge for the new 4WD Wander Far Coverage referred to in clause 21.10(d) above, the date of the event is the first day, irrespective of the number of days for which You held 4WD Wander Far Coverage prior to the event.

21.12   If you purchase new 4WD Wander Far Coverage in accordance with clause 21.10(d), You are entitled to a credit for any daily charge paid in relation to the previous 4WD Wander Far Coverage for any day or days after the date of the event. If on, or prior to, the date of the event, a cap in relation to the previous 4WD Wander Far Coverage has been reached, You are not entitled to any credit under this clause.

22        Exclusions of Liability

22.1     Without limiting any other clause of the Rental Agreement, You agree and acknowledge that, irrespective of whether You have 4WD Wander Far Coverage, You are also responsible for any loss or damage (including theft):

(a)        to (or of) Your personal belongings or property (or the personal belongings or property of any other person, including any person or entity related to You or any passenger in the Vehicle);

(b)       suffered or incurred by You:

(i)         in respect of any travel or accommodation expenses;

(ii)        on account of RedSands being unable to supply the Vehicle or Camping Accessories, (with the exception of any amounts payable to You pursuant to clause 8);

(iii)       on account of You being unable use the Vehicle or the Camping Accessories during Your Rental Period because the Vehicle or the Camping Accessories must be repaired or replaced on account of Damage caused, contributed or incurred by You; or

(iv)       any loss or damage which is consequential upon any other loss or damage suffered by You, such as, for example, loss of income or lost opportunities.

22.2     You irrevocably discharge and release RedSands, its employees and agents, from any liability to You (regardless of who is at fault), for any loss or damage referred to in clause 22.1.

22.3     RedSands’ liability to You for any fault or failure of the Vehicle or Camping Accessories not caused or contributed by You is limited to a maximum amount of $200 per day for each day:

(a)        You are unable to use the Vehicle or Camping Accessories; and

(b)       You have not been provided with a vehicle or camping accessories in substitution for or as a replacement of the Vehicle or Camping Accessories,

capped in the aggregate to a maximum amount equivalent to the total hire charges paid by You under the Rental Agreement.

23        In the Case of an Accident

23.1     If You are involved in a motor vehicle accident, You must:

(a)        stop and remain at the scene for so long as is necessary to fulfil Your obligations under this clause and at law;

(b)       call 000 if anyone is injured or otherwise if assistance from emergency services is required;

(c)        obtain the names and addresses of any other drivers of vehicles or persons involved in the accident; their vehicle registration details, make, and model and the name and contact details of their insurer (if any);

(d)       obtain the names and addresses of any witnesses;

(e)        report the accident to police, regardless of the estimated cost of damage;

(f)        not accept blame or insist the other party is at fault;

(g)        if possible, photograph damage to all vehicles; and

(h)       report the accident to RedSands within 24 hours and provide RedSands with all reasonable assistance and information in relation to the accident.

23.2     If the Vehicle can no longer be safely used following an accident, RedSands will use reasonable endeavours to supply a replacement vehicle. The provision by RedSands of a replacement vehicle is subject to availability, Your location and the unexpired portion of the Rental Period at the time of the accident.

23.3     If a replacement vehicle is available, You are responsible for making Your own way to the nearest RedSands’ pick-up location at Your own cost.  A new Bond or the purchase of a new 4WD Wander Far Coverage (if applicable) will be required for the exchange vehicle. The rental of the replacement vehicle will otherwise be on the same terms and conditions as this Rental Agreement, for the balance of the unexpired portion of the Rental Period.

24        Cancellation Charges

24.1     By booking the Vehicle and Camping Accessories and paying any sum on account of their rental, You agree to be immediately bound by this Rental Agreement.

24.2     You may cancel Your booking and terminate this Rental Agreement by providing written notice of cancellation to RedSands prior to the commencement of the Rental Period in return for payment of a cancellation charge. The amount of the cancellation charge is calculated as a percentage of the estimated daily hire rate for Vehicle and any Camping Accessories for the duration of the Rental Period multiplied by the number of days of the Rental Period (“Total Hire Charge”). The percentage applicable depends upon when the written notice of cancellation is provided and is calculated in accordance with the following table:

Time before commencement of Rental Period written notice is given:

  • 91 days or more – Percentage of Total Hire Charge You must pay is NIL
  • 90 to 55 days – Percentage of Total Hire Charge You must pay is 10%
  • 35 to 54 days – Percentage of Total Hire Charge You must pay is 30%
  • 29 to 34 days – Percentage of Total Hire Charge You must pay is 50%
  • 2 to 29 days – Percentage of Total Hire Charge You must pay is 90%
  • 1 day or less – Percentage of Total Hire Charge You must pay is 100%

24.3     If You do not collect the Vehicle and any Camping Accessories from the location, and on the time and date specified in the Schedule, You will have breached this Rental Agreement. Even if you have not collected the Vehicle and any Camping Accessories you remain liable for 100% of the Total Hire Charge and are not entitled to any refund.

24.4     If, after deduction of the applicable charges calculated under this clause 24, there is a sum owing to You from RedSands, You will be refunded that sum within 21 days.

25        Your Indemnity to RedSands

25.1     Subject to this clause 25, You indemnify and must keep indemnified, RedSands, its employees and agents, against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them in relation to:

(a)        Your possession or use of the Vehicle or Camping Accessories;

(b)       any breach by You of this Rental Agreement; or

(c)        claims or demands by any person for Third Party Loss in relation to Your possession or use of the Vehicle or Camping Accessories.

25.2     Nothing in this clause 25.1 releases or indemnifies RedSands from any obligation of RedSands in circumstances where RedSands is found to have acted negligently.

25.3     Nothing contained in this Rental Agreement shall exclude any express or implied conditions, warranties or requirements that cannot be so excluded under the Competition and Consumer Act 2010 (Cth) or otherwise at law.

26        Traffic Offences and Tolls

26.1     You are responsible for tolls and infringement notices for traffic and parking offences relating to Your rental of the Vehicle.

26.2     Unpaid tolls and infringement notices for traffic and parking offences relating to Your rental of the Vehicle may be received by RedSands. In the event an infringement or toll notice is received in relation to an event occurring during the Rental Period or otherwise when the Vehicle is in Your possession or control, RedSands will advise the relevant authority that You were the driver of the Vehicle at that time. The authority is then likely to issue the infringement or toll notice to You.

26.3     RedSands may charge You a processing fee of up to $75 for each infringement and toll notice to reimburse RedSands for the costs incurred in processing the notices.

27        Termination of the Rental Agreement by RedSands

27.1     You acknowledge that RedSands may terminate the Rental Agreement and repossess the Vehicle and Camping Accessories (and for that purpose enter upon any premises and remove the Vehicle and Camping Accessories) at any time, without notification to You, and that You will pay the reasonable cost of repossessing the Vehicle and Camping Accessories, including towing charges if:

(a)        You are in breach of any material term of this Rental Agreement, including without limitation, clauses 4, 7, 10.5, 11, 12, and 24;

(b)       You have obtained the Vehicle or Camping Accessories through fraud or misrepresentation;

(c)        RedSands reasonably believes, that the safety of the passengers or the condition of the Vehicle or Camping Accessories are endangered;

(d)       the Vehicle or Camping Accessories are not returned on the agreed return date or RedSands reasonably believes that the Vehicle or Camping Accessories will not be returned on the agreed return date; or

(e)        RedSands reasonably believes the Vehicle or the Camping Accessories to be abandoned.

27.2     You acknowledge that in the event of such termination or repossession, You have no right to a refund of all or any part of the hire or other charges for the Rental Period.

28        Credit card authority

28.1     RedSands is entitled to retain and You authorise RedSands to retain, the details of the credit card provided by You in connection with the Rental Agreement in accordance with the Privacy Policy.

28.2     You irrevocably authorise RedSands to charge to the credit card provided by You, an amount equivalent Your liability under this Rental Agreement or an estimate of that amount.

28.3     The authority referred to in clause 28.2 survives termination of this Rental Agreement and may be acted upon during or after the conclusion of the Rental Period.

28.4     Without limiting the charges that may be made pursuant to this authority, they include amounts under:

(a)        clause 4 (Payments);

(b)       clause 5 (Collection and Return of Vehicle);

(c)        clause 6 (Change of Vehicle Return Location, Time or Date);

(d)       clause 7 (Late Return or to a Different Location);

(e)        clause 9 (Security Bond);

(f)        clause 13 (Monitoring by RedSands);

(g)        clause 15 (Roadside Assistance, Maintenance and Repairs);

(h)       clause 16 (Your Liability under this Rental Agreement);

(i)         clause 19 (Payment of Excess);

(j)         subject to Your election for such cover, clause 21 (4WD Wander Far Coverage);

(k)        clause 24 (Cancellation Charges); and

(l)         clause 26 (Traffic Offences and Tolls).

28.5     If an amount is charged by RedSands pursuant to the authority given by this clause, RedSands will provide You with an itemised invoice of the money charged.

29        Title to the Vehicle and Security Interests

29.1     RedSands retains title to the Vehicle at all times.

29.2     You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle or the Camping Accessories.

29.3     RedSands may register any security interest held by it arising under, in connection with, or contemplated by this Rental Agreement on the PPSR without notice to You. To the extent permitted by law, You waive any rights you may have to receive notice of that registration or a change to that registration. You agree to do all things that RedSands may reasonably require to ensure that RedSands has a perfected security interest in, and has priority over any other security interests in, the Vehicle and Camping Accessories.

30        Privacy

30.1     RedSands will collect personal information in accordance with this Rental Agreement. Any information collected by RedSands will be handled in accordance with the Privacy Policy. You agree that RedSands may collect, use and disclose Your personal information in accordance with the Privacy Policy.

31        Governing Law

31.1     The Rental Agreement is governed by and is to be interpreted in accordance with the laws applicable in Western Australia. Each party agrees to submit to the non-exclusive jurisdiction of the courts in Western Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

32        Entire Agreement

32.1     The Rental Agreement contains the entire agreement between the parties about the subject matter and supersedes all prior representations, statements, communications, negotiations, arrangements, understandings and agreements, either oral or written, between the parties with respect to the subject matter of the Rental Agreement.

33        Severance

33.1     Any provision of this Rental Agreement that is illegal, void or unenforceable is only ineffective to the extent to which the provision is illegal, void or unenforceable, without invalidating the remaining provisions.