Rental Terms and Conditions

Valid from 01 May 2023

The rental agreement (“Agreement”) includes the following terms and “you” (being the hirer, all authorised drivers, and the cardholder) agree to the following terms:

1. Consumer Rights Statement

All Hirers rights set out in this Agreement are in addition to the Hirer’s rights as a consumer pursuant to applicable consumer protection laws, including the Australian Consumer Law. Such rights are not excluded, restricted, or modified by the operation of this Agreement. The Hirer may find out more about the Hirer’s rights from consumer organisations and bodies in Australia.

2. Definitions

In this Agreement, unless the context clearly indicates otherwise:

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

‘Bond’ means the amount paid by the Hirer on pick-up of the Vehicle to cover any liability or other amounts owed by the Hirer under this Agreement;

‘Collection Point’ means the collection point for the Vehicle specified in the Confirmation and/or Rental Agreement;

‘Confirmation’ means the confirmation of the Hirer’s booking from VIVE confirming Vehicle type, Fee, Bond, Term of Hire, Start Date, Return Date, Collection Point, and Return Location;

‘Excess Reduction Cover’ means the excess reduction cover described in clause 9, which only applies if it is specified in the Rental Agreement;

‘Fee’ daily rental costs and any additional fees as agreed. VIVE charges all fees in AUD for Australia Rentals;

‘Hirer’ means the person or persons nominated as the customer/hirer/ Authorised Driver and any person whose credit card is presented for payment of the Hirer’s charges;

‘VIVE’ means VIVE Campervan PTY Limited (Australia);

‘Rental Agreement’ means the document entitled Rental Agreement, which has been signed for and on behalf of the Hirer and the Terms and Conditions;

‘Return Location’ in respect of the Vehicle, means the return location specified in the Confirmation and/or Rental Agreement;

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

‘Vehicle’ means the Vehicle hired by the Hirer and includes tyres, tools, accessories, and all other equipment, documents, or additional hire items related to the Vehicle and any replacement or substitute Vehicle that may be provided.

3. Rental Duration

A. The term of hire (‘Term of Hire’) in respect of the Vehicle shall commence at the time and date specified in the Rental Agreement (‘Start Date’) and cease at the time and date specified in the Rental Agreement (‘Return Date’). Car charges are calculated on a 24-hour basis. On the Return Date, the first hour is free; after the first hour, a full-day hire applies. Campervan charges are calculated on a calendar day basis. When calculating the number of days the Vehicle is rented, the Start Date is counted as day one of the rental, regardless of pick-up time. The Return Date is counted as the final day of the rental regardless of drop-off time.

B. Minimum rental periods are subject to change, and any such change will be notified to the Hirer prior to Confirmation. Once the Hirer has received a Confirmation, VIVE may not alter the minimum rental period for that booking.

4. Rates, Amendments and Cancellation Conditions

A. This Agreement and the rates and conditions quoted in our website, brochures, and/or documentation are subject to change without notice. However (subject to changes in legislation or system-generated errors) VIVE will not alter this Agreement or the rates or conditions applicable to the Hirer’s rental once the Hirer has received Confirmation unless the booking is amended at the Hirer’s request.

B. All amendments to a booking are subject to availability and approval by VIVE. If a reservation, Start Date or Return Date is amended before collection by the Hirer, the applicable rate for the Vehicle may, at the absolute discretion of VIVE be re-calculated to the new rate applicable, at the time of the amendment; the Hirer will be advised of any change in the rate at the time. Rate recalculations are based on the rate at the time of reservation or the new rate at the time of amendment.

C. All changes to a booking, including extensions to the Return Date, are subject to availability and approval by VIVE and must be requested through VIVE’s reservations team at least 48 hours before the Return Date or any agreed extension thereof. In the event of any unauthorised extension to the Return Date, the Hirer shall pay the current daily rental rate for each day until the Vehicle is returned and an additional late return fee of such amount VIVE nominates as its reasonable costs in connection with such unauthorised extension being not more than $500. In the event of any unauthorised change to the Return Location, the Hirer shall pay a relocation fee as determined by VIVE acting reasonably but in any event, not over $500.

D. A payment in full is required at the time of booking and/or following any amendment to receive confirmation.

E. CANCELLATION POLICY:

(i) If the booking is cancelled 45 days (or more) before the pickup date, then you will receive a full credit of the amount paid (not including any credit card administration fee). (ii) If the booking is cancelled between 20 – 45 days before the pickup date, 10% of the booking value is chargeable as a cancellation fee, and the remainder of hire fees will be received as credit, less any credit card fees. (iii) If the booking is cancelled within less than 20 days of the start date or the hirer does not collect the vehicle from the VIVE collection point, 100% of the booking value is chargeable. (iv) If you change the pick-up date within the cancellation time frames in (i) and (ii) above and then you cancel the amended booking, the original cancellation fee will apply.

5. Persons Who May Drive the Vehicle

A. The Vehicle may be hired and driven during the Term of Hire only by the persons specified as authorised drivers in the Rental Agreement, and only if they hold a valid driver’s licence, which must be presented to VIVE at the time of collection of the Vehicle (‘Authorised Driver’). Only persons 21 years and over may be an Authorised Driver in respect of a Vehicle.

B. If the licence of an Authorised Driver is not printed in English it must be accompanied by an accredited English translation (translated in the country of hire) which is to be provided to VIVE. Please note a licence classified as, or comparable to a Green P licence, will be accepted, however, the Authorised Driver agrees to be bound by any restrictions or conditions imposed on or in connection with that licence and is aware that any Excess Reduction Cover may be voided, and this Agreement may be terminated if such restrictions or conditions are not adhered to.

Rental Terms and Conditions

Valid from 01 May 2023

C. Once the Vehicle has been collected, if any additional persons wish to drive it, they must call into a VIVE branch to get VIVE’s prior approval, and they must comply with clauses (a) and (b) above.

6. Hirer’s Obligations

A. The Hirer acknowledges having received the Vehicle in a clean condition, with a full fuel tank and a full bottle of gas (if applicable). The Hirer will return the Vehicle in a clean condition with a full fuel tank, on the Return Date at the time and the Return Point set out in the Rental Agreement.

B. The Hirer must ensure that all reasonable care is taken in handling and parking the Vehicle and that it is left securely locked when not in use. You are liable to VIVE for any loss of or damage to the vehicle (including spare parts and accessories) arising during the hire, excluding fair wear and tear. You are also responsible for any consequential damage or loss or costs, including salvage costs, loss of ability to re-hire and loss of revenue, and any loss of, or damage to vehicle and property of third parties arising during the hire.

C. The Hirer must ensure that the recommended levels are maintained with respect to the water in the radiator and battery, the oil, and the tyre pressures of the Vehicle.

D. Smoking and/or animals (excluding registered guide or assistance dogs and pet dogs in vehicles approved by VIVE) are not permitted in the Vehicle at any time. A registered guide or pet dog is allowed in VIVE campers at an additional charge of $200. A cleaning fee of up to $299 for general cleaning and up to $50 for greywater cleaning may apply.

E. The Hirer must ensure that all Authorised Drivers comply with, and all Authorised Drivers shall be bound by, these terms and conditions, and all Authorised Drivers must carry their driver’s licence with them when driving the Vehicle.

F. In the event of any new damage to the Vehicle, the Hirer must notify VIVE of the full circumstances of the damage as soon as practicable (not more than 24 hours) from the time the Hirer knows of the damage.

G. If the warning light is illuminated or if you think the vehicle needs mechanical attention, you must stop driving and contact VIVE immediately. If there is an equipment defect or mechanical failure of the Vehicle during the Term of Hire, the Hirer must notify VIVE as soon as practicable, and in any event, within 24 hours, from the time the Hirer knows of the defect or failure to allow VIVE to rectify the problem during the Term of Hire. VIVE does not accept liability for any claims submitted after this period.

H. The Hirer must ensure that a copy of this Agreement is kept in the Vehicle throughout the Term of Hire and produced without delay for inspection on demand by an enforcement officer.

I. The Hirer shall not: (i) drive or use the Vehicle (or permit the Vehicle to be driven or used) otherwise than prudently and cautiously. For the purposes of these terms and conditions, a single vehicle rollover shall be considered a breach of this clause; (ii) Use or permit the Vehicle to be used for the carriage of passengers for hire or reward, unless VIVE has given its prior written consent; (iii) Sublet or hire the Vehicle to any other person; (iv) Permit the Vehicle to be operated outside the Hirer’s authority; (v) Operate the Vehicle, or permit it to be operated in any race, speed test, rally or contest; (vi) Operate the Vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of passengers or more than the weight of goods specified in the certificate of loading for the Vehicle; (vii) Drive or permit the Vehicle to be driven by any other person that is not the holder of a current driver’s licence appropriate for the Vehicle; or (viii) Use the Vehicle for the purpose of a courier or delivery service; (ix) ) in any “off-road” conditions or any surface likely to damage the vehicle including fire trails, beaches, sand, tracks, fields or paddocks.

J. VIVE values the well-being of the Hirer and the occupants of the Vehicle and, for safety purposes, VIVE reserves the right, at its sole discretion, to restrict Vehicle movements in certain areas due to adverse road or weather conditions, and the distance to nominated destinations in relation to the length of the hire period. VIVE will advise you on the pick up of any travel restrictions known at that time.

K. The Hirer must ensure that snow chains are fitted correctly, so as not to cause damage to the Vehicle, person, or property when required due to the road conditions during the winter season (June-October) or on roads as advised by the relevant local Roads and Transport Authority or the relevant ski resort. It is a legal requirement that all vehicles travelling The Great Alpine Road and entering Mt Hotham Alpine Resort must carry Diamond Pattern chains at all times during the declared snow season and must be fitted where directed. In accordance with State Law, the Hirer can be fined for not carrying and fitting chains as directed.

L. The hirer must return the vehicle: (i) clean (with any portable toilet and grey water tank emptied); (ii) with a full tank of fuel.

7. Payment by Hirer

A. Prior to collection of the Vehicle, the Hirer must pay VIVE in full fees

(‘Fees’), excess amount/bond (‘Bond’) and any other amounts specified in the Rental Agreement and present a credit card or debit card in the Hirer’s name that is acceptable to VIVE for payment of such amounts. Subject to the terms and conditions of this Agreement, the Hirer agrees to pay any additional fees and costs that are incurred by the Hirer or are payable by VIVE in connection with the hire of the Vehicle by the Hirer, including parking charges and fines, toll road charges and fines, camping charges and fines, speeding and other traffic offence fines, late return fees, relocation fees, and cleaning fees. In addition, the Hirer authorises VIVE to debit the Hirer’s credit card for those additional costs which become apparent following the Term of Hire.

B. The Hirer must pay for all diesel used in the Vehicle during the Term of Hire.

C. The following credit cards or debit cards will be accepted: Visa, MasterCard, Union Pay International & American Express. Administration surcharges will apply as per Australian law.

D. Some banks and credit card providers may impose fees for certain transactions, including currency conversion fees. Any fees and other charges which may be charged to the Hirer or the Hirer’s bank, or credit card provider will be the Hirer’s sole responsibility and, for the avoidance of doubt, are not included in any rate or sum provided by VIVE.

E. The Hirer accepts the risk of any currency exchange rate fluctuations

(including in relation to refunds and return of Bonds) and accepts that VIVE has no control over any currency conversion rates or fees.

F. If a credit card is presented as payment, the credit card holder is jointly and severally liable as a Hirer. The Hirer agrees that: (i) VIVE shall be entitled to retain the Hirer’s credit card details in accordance with the Payment Card Industry – Data Security Standard and to take any action to recover from the Hirer’s credit card all amounts due by the Hirer pursuant to this Agreement, including any amounts due in respect of damage to the Vehicle or property of a third party and all other additional charges as set out in this Agreement and as listed in clauses 3, 7, 12, 14, 15, 16, 17 and 18; and (ii) VIVE may process credit card charges relating to the Rental Agreement up to 6 months after the Term of Hire.

G. If You are using a debit card for hire, VIVE will hold a $500 security bond on your debit card for infringements, tolls, and other additional hire costs (even if You have Happy Traveller cover).

H. Tolls: If You travel on a toll road and incur any tolls, VIVE will charge tolls and service fees to Your nominated credit or debit card. You will also be charged a service fee of $3.00 for each toll notice your vehicle incurs. Tolls and Fees means (i) toll charges; (ii) Other fees and charges, including administration fees.

Rental Terms and Conditions

Valid from 01 May 2023

8. Hirer’s Liability

D. Hirers below the age of 25 bear an extra Excess of $1,000 for each occurrence related to the Vehicle. It's crucial to emphasize that the Under 25 excess is separate from the excess reduction cover selected and paid for by the hirer, as specified in the rental agreement.

A. If multiple persons are described as the Hirer in the Rental Agreement, each person is jointly and severally responsible for all fees, charges, and other obligations pursuant to this Agreement.

B. Subject to clause 8(e), the Hirer is liable to VIVE for and indemnifies VIVE against:

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

(ii) any consequential damage, loss, or costs incurred by VIVE, including salvage costs, loss of ability to re-hire, and loss of revenue; and

(iii) any loss of, or damage to, Vehicles and property of third parties, arising from the use or misuse of the Vehicle by the Hirer, any Authorised Drivers, person whom the Hirer permits or allows driving the Vehicle, invitee of the Hirer or passengers in the Vehicle during the Term of Hire, to the extent that such loss, damage or costs have been caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, provided that the Hirer’s liability may be reduced to the amount of the relevant Excess Reduction Cover payable in respect of an incident subject to the terms and conditions of this Agreement.

C. Subject to clause 8(e), the Hirer agrees to release and indemnify VIVE from and against all actions, claims, demands, losses, damages, costs, expenses, harm, or other misadventure which the Hirer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act, error or omission of the Hirer, any Authorised Driver, invitee of the Hirer or passenger in the Vehicle or any misuse of the Vehicle by the Hirer during the Term of Hire.

D. Notwithstanding any provision in this Agreement to the contrary, the Hirer is not liable to VIVE for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).

E. This clause 8 will survive termination of this Agreement.

11. Excess Reduction Exclusions

Excess Reduction Cover does not apply in the following events or in respect of the following fees, damages, expenses, and/or costs, and the Hirer will be fully liable for all fees, damages, expenses, and/or costs as specified and/ or which are associated with the relevant event:

A. The driver of the Vehicle is under the influence of alcohol or any drug that affects their ability to drive the Vehicle.

B. The Vehicle is in an unsafe or un-roadworthy condition that arose during the Term of Hire, and such condition has caused or contributed to the damage or loss, and the Hirer or driver of the Vehicle was aware or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle. c) The Vehicle is driven by any person not identified as an Authorised Driver in the Rental Agreement.

C. The Vehicle is damaged as a result of submersion in water, including as a result of crossing creeks, rivers, flooded fords, salt water or on beaches, driving through low plain flooded areas, or if there was a reasonably foreseeable risk of the Vehicle’s submersion in water (for example, while parked in a below ground parking garage).

D. The Vehicle is used in any off-road conditions, including on any unsealed road (being a road not sealed with a hard material such as tar, bitumen, or concrete). Off-road conditions include fire trails, beaches, sand, tracks, fields, or paddocks. The only exception is the reasonable use of access roads to recognised commercial campgrounds less than 12 kilometres in length.

E. The Vehicle is driven when a warning light appears or when the coolant temperature gauge enters a red zone (High).

F. The use of roof racks and snow chains on the Vehicle where such roof racks or snow chains have not been hired through VIVE.

G. The Vehicle, including its accessories and spare parts, is damaged due to incorrect fitting or use of snow chains or ski/snowboard racks, roof racks, or bicycle racks.

H. The Vehicle is driven on a road or ski resort access road without snow chains when snow chains are required to be fitted by the relevant local Roads and Transport Authority or the relevant ski resort.

I. The costs to replace keys that have been lost, broken, or damaged, the cost of retrieval of keys that have been locked inside a Vehicle.

J. All costs as a result of breakages, loss, theft, or defacement of the Vehicle’s interior caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle.

K. RISK-TAKER Excess Reduction Cover does not cover any theft or attempted theft of the Vehicle or its contents resulting in damage where reasonable precautions were not taken to protect against that theft or attempted theft.

L. An additional Damage Administration fee of $75 will be applied for processing damage claims for Hirers who have chosen Risk Taker Excess Reduction. This fee applies to all Risk Taker damage claims regardless of fault and/or if the Hirer has separately made their own travel Insurance arrangements.

M. All damage and costs caused by or in connection with reckless conduct or wilful misconduct of the Hirer or an Authorised Driver or any invitee of the Hirer or passenger in the Vehicle. For example, Excess Reduction Cover does not apply in connection with any incidents involving sitting or standing on the bonnet, boot, or roof of the Vehicle or propelling an object from the Vehicle.

N. If the Vehicle is wilfully or recklessly damaged or is lost as the result of the wilful or reckless actions of the Hirer or an Authorised Driver or any invitee of the Hirer or passenger in the Vehicle (Note: Wilful or reckless damage includes any punctures or damage to tyres or rims caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, burning out a clutch and any damage arising from using the Vehicle to propel any other vehicle).

9. Excess Reduction Options

The Hirer must nominate the Happy Traveller or Risk Taker options for Excess Reduction Cover of the Vehicle. The Bond payable in respect of the Vehicle or any incident shall be in accordance with the Excess Reduction Cover package option selected by the Hirer at the time of renting and specified in the Rental Agreement, being either of the “Happy Traveller” or “Risk Taker” options, and the excess applicable to such option will apply together with the appropriate rate of payment for such option.

Subject to the exclusions in clause (11) below, Your “Excess” (the amounts You must contribute towards the cost or repair of the vehicle) if the vehicle is involved in an accident or is damaged while on hire is:

Under 25

ADDITIONAL EXCESS

VIVE STRONGLY RECOMMENDS THAT OUR HIRER TAKE THE HAPPY TRAVELLER EXCESS REDUCTION OPTION TO TRAVEL WITH COMPRHENSIVE PEACE OF MIND.

10. Excess Reduction Cover

All Excess Reduction Options are subject to the provisions and exclusions set out below:

A. The Hirer must purchase and pay the daily rental rate for one of the Excess Reduction Options to reduce the Standard Excess payable by the Hirer under VIVE’s cover (‘Excess Reduction Cover’).

B. Subject to clause 11, the Hirer’s liability is covered by the relevant Excess Reduction Cover selected up to a maximum of $2,000,000.

C. The Hirer’s liability for damage applies to each separate accident, incident, or new damage, not each rental.

Rental Terms and Conditions

Valid from 01 May 2023

O. Except where VIVE is in breach of this Agreement, the costs relating to the delivery of a replacement Vehicle required as a result of any of the exclusions listed in this clause 11.

P. Any costs associated with the incorrect use of fuel or the use of: (a) fuel (fuel being diesel or petrol); (b) the use of Bio-Diesel which should not be used; or (c) water; or (d) other contamination of fuel or water of the Vehicle. or) The cost to retrieve or recover a Vehicle back to road level, which may include, but is not limited to a Vehicle that has become bogged, submerged, caught, trapped, stuck, or restricted in any way.

Q. If the Vehicle is involved in a single-vehicle rollover or the roof of the Vehicle is damaged as a result of any single-vehicle incident or accident, unless the Hirer has taken Happy-Traveller excess reduction, the Hirer must pay VIVE and is responsible to VIVE for all costs and damages arising in respect of such rollover, incident or accident. The Hirer’s liability under this clause is limited to $5,000 except where they have contravened any of the other exclusions in this clause (11), in which case the Hirer is responsible for all costs and damages incurred. For the purposes of these terms and conditions, a single vehicle “rollover” includes any incident or accident where the Vehicle has rolled, tipped (one or more wheels have left the ground), or fallen over without colliding with another vehicle, and this has caused damage to the Vehicle, including to the roof and/or sides of the Vehicle.

R. The Vehicle is operated in any race, speed test, rally, or contest, or the Vehicle is used for the purpose of reward (for example, as a taxi or courier vehicle).

S. If a driver of the Vehicle is convicted of any driving offence under Australian law where the Vehicle, property, or any other vehicle is damaged in circumstances that are illegal in Australia.

T. If the Vehicle is loaded or is being loaded in excess of the manufacturer’s specifications.

12. Bond

A. the RISK-TAKER Excess Reduction Cover has been chosen, the excess/ Bond is payable by credit card only. Please note the relevant amount will be debited from the Hirer’s credit card immediately. Subject to (b) below, the Bond is fully refundable provided the Vehicle is returned on time on the Return Date and to the Return Point, undamaged with a clean interior and full fuel tank. For dispute resolution in respect of Bonds, please refer to clause 22 of this Agreement.

B. The Hirer authorises VIVE to deduct from the Bond any amounts due by the Hirer to VIVE arising as a result of this Agreement, including the amount of any damage, the charges as set out in this Agreement and as listed in clauses 3,7,12,14,15,16,17 and 18. VIVE will give the Hirer notice, by contacting them at the email address specified in the Rental Agreement, of the deduction of such amounts.

C. VIVE reserves the right to retain all or part of the excess/Bond for such period as VIVE may determine (acting reasonably) after the Term of Hire to cover the cost of un-notified damage, infringements, or damage to third parties or their property. Once VIVE processes a refund, it can take five to thirty business days for the funds to become available from the card issuer.

D. In the event of a claim, to allow VIVE and/or its insurer to determine who is at fault, the relevant excess amount may be retained by VIVE irrespective of who is at fault, and such amount must be paid to VIVE at the time the accident report is completed and not at the expiry of the Term of Hire. The excess will be refunded only if VIVE is successful in recovering the complete cost of the damages from the third party. If VIVE is not successful in recovering the complete cost of the damages from the third party, then VIVE may retain all or part of the excess/ Bond being in respect of such amount of damages that VIVE was not able to recover from the third party provided that VIVE shall not be entitled to retain any amounts to the extent that any damages have been caused by or contributed to by a breach of this agreement or the negligent act, error or omission of VIVE or any of its officers, employees or agents. The Hirer acknowledges that third-party claims can take many months to resolve.

E. For the purposes of this clause 12, ‘damage’ includes any and all damage to third-party property (Including Vehicle(s), damage to the Vehicle including tyres and windscreens, towing and recovery costs, theft, fire, break-in or vandalism costs and the cost of the daily rental rate for the Vehicle for the period the Vehicle is unavailable for hire by VIVE due to repair.

F. Where the Vehicle has been returned during or outside office hours and has undiscovered damage to the windscreen or body that has not been reported or is not covered by the Hirer’s chosen excess reduction cover, the Hirer will be charged and contacted, summarising the cost of repairs.

G. If You are using a debit card for hire and have Happy Traveller, VIVE will hold a $500 security bond on Your debit card for infringements, tolls, and other additional hire costs.

13. VIVE’s Liability and Obligations

A. VIVE shall hire the Vehicle and supply any services under this Agreement:

(i) on the terms and conditions expressly set out in this Agreement, and (ii) subject to non-excludable rights under consumer protection laws. No other terms or rights apply.

B. Except as set out in the paragraphs below, VIVE accepts its liability to you for breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws.

C. As the hire of the Vehicle and any services VIVE may provide pursuant to

this Agreement is provided to the Hirer for the primary purpose of personal, domestic, or household use, VIVE does not accept liability to the Hirer for losses that result from the use of the Vehicle or any of VIVE’s services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, VIVE limits its liability to repairing, or replacing the Vehicle or services (or payment of the cost of resupply, repair, or replacement) where it is fair and reasonable to do so.

D. VIVE is not liable for any loss to the extent that it is caused by the Hirer (for example, through the Hirer’s negligence or breach of contract).

E. VIVE is not liable for any loss to the extent that it results from the Hirer’s failure to take reasonable steps to avoid or minimise the Hirer’s loss.

F. VIVE is not liable for any loss caused by VIVE failing to comply with its obligations in relation to the hire of the Vehicle or provision of any services where such loss is caused by events outside its reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike, or an act of God).

G. The liability VIVE accepts to the Hirer under clause 13 includes liability for our agents according to the principles of vicarious liability at common law.

H. This clause 13 will survive termination of this Agreement.

I. VIVE shall make the Vehicle available to hire by the Hirer at the nominated time on the Start Date at the Collection Point in a safe and roadworthy condition. J. VIVE shall provide all booking agents with updated terms and conditions and Vehicle specifications. Any discrepancies regarding the terms and conditions and/or Vehicle category must be addressed via the original booking agent.

14. Additional Hire Costs

A. Other additional fees may apply to your hire, such as for Additional Drivers, 21 – 25 underage driver surcharge, and if they apply, they will be listed in the Agreement. Table tennis equipment and an extra gas stove can be requested at the time of reservation (these are subject to availability on the Start Date).

B. When returning Vehicles after hours, please note that Vehicles must be returned to the Return location. The Vehicle also remains the responsibility of the Hirer until VIVE takes back possession of the Vehicle during standard operational hours.

C. After Hours pickups are available on request only. Fees may apply for

After Hours pickups and will be quoted at the time of booking. The Hirer is responsible for all car parking costs.

Rental Terms and Conditions

Valid from 01 May 2023

D. VIVE encourages the Hirer to drop off the Vehicles at our branch during business hours to avoid mishaps. Should they need to drop off After Hours, please be advised that this will need prior approval from VIVE’s Reservations and Branch Teams. If VIVE’s team approves, the Hirer will have to (i) Fill up with the correct fuel to the same level as when you picked up the vehicle and leave a fuel receipt at the front, on the dashboard (ii) Remove all their items from the vehicle and leave the vehicle tidy (iii) Return the key to the key drop box located outside the branch. Note: The hirer will be fully responsible for any damage to the vehicles or parking fees incurred if dropping off After Hours. The damage won’t get covered under any excess reduction covers.

F. Additional charges include:

15. Infringement Fees

A. The Hirer is liable for all infringement notices received in respect of offences committed during the Term of Hire, including in connection with any fines or charges for traffic offences and speeding offences, any failure to comply with directions given by a traffic signal, any parking offences and freedom camping offences.

B. In the event that VIVE receives notice of an infringement and/or fine, VIVE may (in its absolute discretion) itself, or VIVE may engage a subcontractor to, either: (i) transfer that infringement and/or fine into the Hirer’s name and charge the Hirer an administration fee for each infringement incurred of $60 for costs associated with the process; or (ii) debit the Hirer’s credit card for the amount of the infringement and/ or fine and charge the Hirer an administration fee for each infringement or fine processed at a rate of $60 per infringement or fine being in respect of costs associated with the process.

C. The Hirer is hereby notified that, if VIVE (itself or by its appointed subcontractor) proposes to debit the Hirer’s credit card for an infringement and/or fine: (i) VIVE will send (or have sent) to the Hirer, including by email to the address set out in the Rental Agreement, a copy of the relevant infringement or fine notice and any reminder notice as soon as practicable after it is received by VIVE; (ii) the Hirer may have the right to challenge, query or object to the alleged offence to the authority that issues the infringement notice or a court (details of the relevant process should be provided on any infringement notice or fine); (iii) The Hirer may have the right to seek a court hearing (within such as specified on the notice of infringement or fine); and

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

D. TOLLS: If you travel on a toll road and incur any tolls, VIVE will charge any tolls and fees to your nominated debit/credit card. You will also be charged a service fee of $3.00 each time your vehicle incurs a toll. Tolls and Fees means: (i) toll charges; (ii) other fees and charges, including Video Matching Fees, (in each case exclusive of GST) imposed by the operator of a toll road for or relating to, or taxes payable in respect of, each Trip taken by a Vehicle; the hirer is prohibited from using their personal Toll tag or Account for toll charges.

16. Mechanical Repairs, Accidents and Equipment Failure

A. If there is an equipment defect or mechanical failure of the Vehicle during the Term of Hire, the Hirer must notify VIVE as soon as practicable and, in any event, within 24 hours from the time the Hirer has knowledge of the defect or failure to give VIVE the opportunity to rectify the problem during the Term of Hire.

B. The Hirer may contact VIVE by telephone at +61 435 503 070 or +61 478 255 569. You may have to pay an international calling fee if You are calling from an international number.

C. VIVE reserves the right not to accept liability for any claims submitted after the period specified in clause 16(a) unless the Hirer is able to give a reasonable excuse (at the absolute discretion of VIVE) as to the failure to provide notice within such a period.

D. All vehicles count with 24-hour roadside assistance. This service covers all Mechanical and Non-Mechanical breakdowns. All Mechanical breakdowns are covered by VIVE’s relevant Roadside Assistance program and include the following: • Engine Faults, Electrical Faults, Cooling system, Vehicle recovery (towing up to 60km) • All Non-Mechanical breakdowns are subject to the relevant call-out fees being charged by the main provider or any other third-party supplier and are not covered by Happy Traveller Excess Reduction Cover; an administration fee may also be applied by VIVE. This includes but is not limited to the following: • Out of fuel/incorrect fueling of the Vehicle • Wheels and tyres • Keys being lost, broken, or locked inside the vehicle • Flat batteries • A breakdown as a result of damage caused in an accident, including salvage.

E. The Hirer must ensure that no persons interfere with the distance recorder

or speedometer, or (except in an emergency) any part of the engine, transmission, braking, and/or suspension systems of the Vehicle.)

F. In the event of any accident or incident involving the Vehicle, the Hirer must: (i) notify VIVE of the full circumstances as soon as practicable and in any event within 24 hours from the time of the accident or incident; (ii) notify the appropriate Australian Emergency Services (Police, Ambulance, Fire) by calling ‘000’ if the accident or incident involves an injury; (iii) record full details of all parties, witnesses to, and Vehicles involved in the accident or incident; (iv) prepare a written statement of the facts signed by all parties; and (v) obtain a copy of any relevant Police report.

G. In the event of an accident or incident involving the Vehicle, the Hirer must not: (i) make any admission of liability; or (ii) arrange or undertake any repairs or salvage without VIVE’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle and/or to other property.

H. The availability of a replacement Vehicle is not guaranteed and is subject to availability, Hirer’s location, accident liability, and remaining hire duration.

Rental Terms and Conditions

Valid from 01 May 2023

I. Additional Hirer charges may be incurred, including as follows: (i) if a replacement Vehicle is required as a result of an accident, the Hirer is responsible for making their own way to the relevant VIVE branch or pickup location; (ii) the Hirer is responsible for the cost of transporting the Hirer

and any accompanying passengers away from the accident location; (iii) Provided VIVE has complied with clause 16(a), the Hirer must pay for any costs relating to delivery of a replacement Vehicle required as a result of any of the exclusions listed in clause 11. These costs apply irrespective of any Excess Reduction Cover applicable to this Agreement. (iv) In the event that a replacement Vehicle is given due to an accident, any Excess Reduction Cover is not transferable to the replacement Vehicle.

J. No replacement Vehicle will be provided without receipt of a completed damage claim form where one is required by VIVE.

K. Without limiting any other provision of this Agreement, in the event of an accident, breakdown or equipment failure, whether or not a replacement Vehicle is available or accessible to the Hirer, VIVE will not be liable for any resulting accommodation or living expenses that are incurred, nor personal expenses for missed activities unless such accident, breakdown or equipment failure has been caused by or contributed to by a breach of this Agreement by or the negligent act, error or omission of VIVE.

L. Any mechanical or towing expenses required for the Vehicle must be authorised by VIVE prior to the repairs or towing taking place or permitted in accordance with clause 16. Otherwise, VIVE reserves the right to hold the Hirer liable for such costs.

M. An additional Damage Administration fee of $75 will be applied for processing damage claims for Hirers who have chosen Risk Taker Excess Reduction. This fee applies to all Risk Taker damage claims regardless of fault and/or if the Hirer has separately made their own travel Insurance arrangements.

N. If any compensation is approved by VIVE due to an accident, breakdown, or equipment failure, VIVE by agreement may compensate the Hirer the proportionate daily rental rate for the period during which the Vehicle could not be used for its intended purpose.

D. in the reasonable opinion of VIVE and/or the Australian Police the Authorised Driver(s) do not have sufficient skill or experience to operate the Vehicle in a safe manner or the safety of the passengers or the Vehicle is at risk. In such event the Hirer will:

(i) not be entitled to a refund of part of the rental charges; and

(ii) be responsible for the payment of any towing costs to return the Vehicle to the Return Location plus a fee to cover the reasonable costs of VIVE in arranging the return of the Vehicle up to a maximum of $100. The termination of the hire under this clause 18 shall be without prejudice to the other rights of VIVE or the Hirer under this Agreement or otherwise at law.

19. General Provisions

A. The Hirer acknowledges that VIVE retains title to the Vehicle at all times. The Hirer must not agree, attempt, offer, or purport to sell, assign, sub-let, lend, pledge, mortgage, let or hire, or otherwise part with or attempt to part with the possession of the Vehicle.

B. The Hirer warrants that all information supplied by them to VIVE in connection with the Agreement is true and correct.

C. All charges and expenses payable by the Hirer under this Agreement are due on demand by VIVE including any collection costs and reasonable legal fees incurred by VIVE.

D. VIVE may vary this Agreement at any time, however, where a booking

has been confirmed, the terms and conditions applicable at the time of confirmation will continue to apply to that booking.

E. The Hirer must not assign, transfer, or novate this Agreement or any rights or obligations under this Agreement, without the prior written consent of VIVE. The Hirer authorises VIVE to sub-contract the provision of any of the services under this Agreement as VIVE may require in its absolute discretion from time to time and at any time.

F. If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

G. To the extent that any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. In the event this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses as the case may be) which will continue in full force and effect.

H. In this Agreement, including and includes are not words of limitation.

I. The Terms and Conditions: (i) are governed by the law in force in Victoria and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria; (ii) do not create a relationship of principal and agent, joint venture, partnership or fiduciary relationship between the parties. (iii) All references to “$” in this Agreement are to Australian dollars and include GST.

17. Return of the Vehicle

A. The Hirer shall at or before the expiry of the Term of Hire, deliver the Vehicle (including Vehicle keys) to the branch or Return Location stated in the Rental Agreement, or, subject to these Terms and Conditions, obtain VIVE’s consent to the amendment or continuation of the hire. (Note: No refund is available to the Hirer if the Vehicle is returned earlier than the Return Date stated in the Rental Agreement).

B. In the event of any unauthorised extension to the Return Date, VIVE reserves the right to charge the current daily rental rate for each day until the Vehicle is returned and an additional late return fee of up to $500. In the event of any unauthorised change to the Return Location, VIVE reserves the right to charge an additional relocation fee of up to $500.

C. VIVE may charge the Hirer a cleaning fee of up to $299 if, in the reasonable opinion of VIVE, the Vehicle is not returned in a clean and tidy condition (including evidence of smoking in the vehicle).

D. VIVE may charge the Hirer a fee of up to $50 for failure by the Hirer to empty the grey water or toilet cassette (if applicable) from the Vehicle.

20. Privacy

VIVE will collect personal information about the Hirer as part of the rental process. VIVE may not be able to perform this Agreement if all the information requested is not provided. Any information collected by VIVE will be handled in accordance with the VIVE Privacy Policy, which is on our website. The hirer agrees VIVE may collect, use and disclose the Hirer’s personal information (including but not limited to the location, usage and servicing of the Vehicle, your speed, distance travelled, and locations visited) through GPS tracking and diagnostics and other electronic tools in accordance with the VIVE Privacy policy. Under the Privacy Act 1998 (Cth), individuals have the rights of access to, and correction of, their personal information. For more information, visit our website.

18. Breach Of Contract

The Hirer agrees that VIVE shall have the right to refuse any rental and/ or terminate the hire and take immediate possession of the Vehicle, without notification to the Hirer, if:

A. the Hirer fails to comply with any of the material terms and conditions of this Agreement, particularly clause 6;

B. the Hirer has obtained the Vehicle through fraud or misrepresentation;

C. if the Vehicle is damaged; or

21. Dispute Resolution

A. If you have a complaint about your VIVE experience or any feedback, our staff at the branch will use reasonable endeavours to rectify the error or resolve the issue.

B. If your concerns are not resolved to your satisfaction, you may complain to VIVE at one of our branches, over the telephone, by email, or by post. VIVE will then refer the matter to our internal complaint-handling process.

Rental Terms and Conditions

Valid from 01 May 2023

C. Upon receipt of a Hirer’s complaint, VIVE will acknowledge receipt of the complaint. VIVE will try to resolve a Hirer’s complaint when it is raised. However, if VIVE needs to investigate a Hirer’s complaint further, VIVE will investigate the matter and will aim to resolve the complaint or inform the Hirer what it is doing to resolve the complaint within 14 days of receipt of the complaint.

D. The time VIVE spends investigating a complaint is determined by its seriousness and complexity. VIVE is committed to resolving all complaints within 14 days of receipt of the complaint.

E. Once VIVE has resolved any complaint with the Hirer, VIVE will aim to finish all steps to deliver that resolution within 14 days. VIVE will only implement a resolution once the Hirer has accepted it.

F. If VIVE is not able to resolve a complaint within the timeframes set out above, VIVE will contact the Hirer and explain the reason for the delay and give the Hirer a new timeframe for resolution.

G. If the Hirer is unhappy with how the Hirer’s complaint has been resolved, the Hirer has the option to seek external dispute resolution options available to the Hirer, and you may refer trade practice issues to the Australian Competition and Consumer Commission. h) Complaints may be made, and the progress of a complaint may be checked by contacting VIVE by any of the following means:

(i) by email: vivecampervan@outlook.com (ii) by telephone: +61 435 503 070 or +61 435 439 707.

Branch Location

MELBOURNE

AIRPORT WEST

ADDRESS:

2/24 Hart Street, Airport West, VIC 3042

Branch Location

GOLD COAST

VARSITY LAKES

ADDRESS:

2/2 Mauritius Court, Varsity Lakes ​QLD 4227