Rental Terms and Conditions

Effective 01 July, 2025

1. Governing Terms and Conditions

1.1 Rental Contract

(a) Your contract to hire a Trailer from Local Trailer Hire (Rental Contract) consists of:

(i) the agreement (Hire Agreement) You have signed to hire the Trailer from Local Trailer Hire;

(ii) Our Privacy Policy; and

(iii) these rental Terms and Conditions (Terms and Conditions).

(b) These documents that comprise the Rental Contract create binding and enforceable legal obligations and Your signature on the Hire Agreement confirms Your acceptance of those legal obligations and that You are bound by them.

1.2 Jurisdiction

The Rental Contract is governed by the laws of the Commonwealth of Australia and the state of Victoria and You agree that Victorian courts have non-exclusive jurisdiction to determine any dispute that arises between You and Local Trailer Hire.

1.3 Australian Consumer Law

You have consumer rights conferred by The Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies:

(a) Part 2-3 of The Australian Consumer Law relating to unfair contract terms; or

(b) any implied terms, guarantees or rights You may have under The Australian Consumer Law or any other Federal, State or Territory legislation.

1.4 Electronic Signatures

Local Trailer Hire may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

1.5 Amending these Terms and Conditions

Local Trailer Hire may amend these Terms and Conditions by providing You with 30 days' notice in writing. If You do not accept the amendments or replacement, You must return the Trailer prior to the end of the 30 day period.

2. Who may tow the Trailer?

2.1 Authorised Drivers

(a) The Trailer can only be towed by You or an Authorised Driver.

(b) It is a Major Breach of the Rental Contract if You let anyone who is unauthorised tow the Trailer.

2.2 Age limits

You and any Authorised Driver must be at least 21 and have no less than 12 months driving experience.

2.3 Licence requirements

(a) You and any Authorised Driver must have a valid licence to tow the Trailer which is:

(i) issued in an Australian state or territory; and

(ii) not subject to any restriction or condition.

(b) Learner drivers and provisional and probationary licence holders are not acceptable and must not tow the Trailer.

2.4 Cancelled and suspended licences

The Trailer must not be towed:

(a) whilst Your driver's licence is cancelled or suspended, including as a result of an accumulation of demerit points; or

(b) if Your licence has been cancelled or suspended, within 2 years of the date of the Hire Agreement.

2.5 False information

The Trailer must never be towed by You or an Authorised Driver who has provided a false or misleading name, age, address or driver's licence.

3. Prohibited use

3.1 Prohibited towing

The Trailer must not be towed by You or any Authorised Driver:

(a) whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;

(b) recklessly or dangerously; or

3.2 Prohibited conduct

You and any Authorised Driver must not:

(a) fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;

(b) use the Trailer:

(i) for any illegal purpose;

(ii) to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;

(iii) to carry illegal drugs or substances;

(iv) in connection with the motor trade for experiments, tests, trials or demonstration purposes; or

(v) in an unsafe or un-roadworthy condition.

3.3 Prohibited actions

You and any Authorised Driver must not:

(a) damage the Trailer deliberately or recklessly or allow anyone else to do so;

(b) modify the Trailer in any way;

(d) register or claim to be entitled to register any interest in the Trailer under the Personal Property Securities Act 2009.

3.4 Excess loads

You and any Authorised Driver must not use the Trailer to carry any load that exceeds the limits for which the Trailer was designed, constructed, registered or licenced.

4. Prohibited areas of use

4.1 Prohibited roads

The Trailer must never be towed on:

(a) an Unsealed Road;

(b) Off Road; or

4.2 Prohibited areas

The Trailer must not be used in any area that is prohibited by Local Trailer Hire, including:

(a) roads that are prone to flooding or are flooded;

(b) beaches, streams, rivers, creeks, dams and floodwaters;

(d) any road that is closed; and

(e) any road where it would be unsafe to drive the Trailer.

5. Your obligations

5.1 Reasonable care

You and any Authorised Driver must take reasonable care of the Trailer by:

(a) preventing it from being damaged;

(b) making sure that it is protected from the weather;

(d) making sure it is not overloaded; and

(e) when parked, by ensuring the Trailer is always parked securely in a way in which it cannot be removed from the towing vehicle.

5.2 Operating the Trailer

(a) Safety is paramount when towing a Trailer. Before and during Your use of the Trailer You must ensure:

(i) the weight of the load is at least 60% in the front half of the cargo space on the Trailer or, if towing a car, that it is evenly distributed;

(ii) the Aggregate Trailer Mass (Trailer plus load unhitched) does not exceed the lesser of the towing vehicle manufacturer's recommended maximum towing mass or the towing vehicle's towbar rating. (The towing capacity of vehicles is usually provided in the vehicle operator's handbook and You must also check the towbar’s manufacturer's specification plate on the towbar as the two may differ);

(iii) the Trailer is correctly and safely connected to the towing vehicle and the safety chains are correctly fitted and the Trailer remains connected to the towing vehicle for the duration of the Rental Period;

(iv) the coupling is attached to the towing vehicle at all times, including when loading, whilst loaded and during unloading;

(v) the jockey wheel is used only for raising and lowering the Trailer and is not used to manoeuvre the Trailer;

(vi) the coupling handle is correctly down;

(vii) the Trailer’s tyres are inflated to the recommended PSI; and

(viii) the Trailer lights are working correctly.

(b) You must secure any property, goods, stock or equipment carried in the Trailer and use suitable tie down materials to ensure that under no circumstances will they fall from the Trailer during transit.

(c) You must comply with all road rules and regulations and You are always responsible for the correct and safe handling of the Trailer.

(d) You must not load the Trailer unless the area directly behind is clear for 20 metres and You must load it on level ground.

5.3 Occupational Health and Safety Requirements

(a) As the holder of a current driver’s licence, You understand and acknowledge the obligation You have to safely operate the Trailer on any type of designated or undesignated roadway, or property access way, in accordance with the state or territory road safety rules that apply to Your rental.

(b) Every effort is undertaken to ensure that the Trailer is in a safe and roadworthy condition but You must not use the Trailer if there are any doubts about its safety or roadworthiness and You must report this to Local Trailer Hire immediately.

5.4 Notification of Trailer Fault

You must inform Local Trailer Hire immediately if the Trailer develops any fault during the Rental Period. If You fail to notify Local Trailer Hire and continue to use the Trailer You will be responsible for any Damage or Third Party Loss.

5.5 Repair without authority prohibited

You must not let anyone else repair or work on the Trailer or tow or salvage it without Our prior written authority to do so.

5.6 Repair with authority

(a) Where Local Trailer Hire has given You Our prior authority to repair the Trailer You must keep and produce to Local Trailer Hire the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Local Trailer Hire.

(b) Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.

5.7 Staying with the Trailer after an Accident

You must not leave the Trailer unattended following an Accident and before the arrival of a tow or salvage operator.

5.8 Extensions of the Rental Period

If You wish to extend the Rental Period You must make another booking as rentals cannot be extended. Any new booking is subject to the Trailer not having been booked by another renter and it not being in use by the Owner.

6. Trailer handover procedure - Renter

6.1 Preliminary Trailer inspection

(a) You must attend the Collection Location at the time and date agreed with the Owner to pick up the Trailer.

(b) Before proceeding with the hire You may inspect the Trailer, and should it not meet the advertised specification, You are under no obligation to complete the hire.

6.2 Handover

(a) At the handover of the Trailer, You and the Authorised Driver must, in the Owner’s presence:

(i) produce your driver’s licences for inspection by the Owner;

(ii) check that:

(A) the Trailer is in a roadworthy, serviceable and in a safe condition;

(B) the Trailer is clean; and

(iii) review the Hire Agreement.

(b) You and the Owner must also take high definition digital photographs of the Trailer, using flash if the handover is not in daylight, showing its condition including:

(i) the front and rear;

(ii) each of the wheels; and

(iii) the sides;

and photos of the exact same areas must be taken when the Trailer is returned.

Note: If these photos are not taken, You may forfeit the right to dispute that the Damage occurred during Your rental. Further, for a Trailer that is Premium Listed, in the absence of these photos You will have no entitlement to Trailer Shield cover for any Damage to the Trailer and You will be liable to the Owner for that Damage.

7. Financial Obligations - Renter

7.1 Rental fees

You must pay Local Trailer Hire the Rental Fee shown on the Hire Agreement which includes:

(a) the Owner Rate;

(b) Local Trailer Hire Fee; and

7.2 Preauthorisation and debiting of Your payment card

Upon receipt of your booking request, Local Trailer Hire will preauthorise Your payment card for the anticipated Rental Fee and upon the Owner’s acceptance of your booking request Your payment card will be debited the confirmed Rental Fee.

7.3 Payment terms

Amounts payable to Local Trailer Hire by You under these Rental Terms and Conditions:

(a) must be paid to Local Trailer Hire on or before the due date; and

(b) accrue interest on any overdue amounts daily, from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Local Trailer Hire’s sole discretion such interest shall compound monthly at such a rate) as well as before any judgment.

7.4 Payment card authority

You authorise Local Trailer Hire to maintain Your payment card details in accordance with the Local Trailer Hire Privacy Policy and if any amount is due under the Rental Contract or remains unpaid, including:

(a) the Rental Fees;

(b) tolls;

(d) fines or charges imposed for parking;

(e) Damage or theft under clause 10.3;

(f) Trailer repossession or collection charges (see clause 15.4(d));

(g) late fees and overdue Rental Fees;

(h) bank fees incurred by Local Trailer Hire as a result of any dishonoured or rejected payment card transaction; and

(i) unsuccessful chargeback fees (see clause 7.5),

You authorise Local Trailer Hire to debit Your payment card with that amount upon it becoming due and payable.

7.5 Unsuccessful chargebacks

If You initiate a chargeback of a Rental Fee or other charge as per these Terms and Conditions with Your bank or other financial institution that is subsequently rejected by Your bank or financial institution, a fee of $75 will apply to compensate Local Trailer Hire for the fee incurred and the time spent in establishing the Rental Fee was correctly charged.

8. Cancellation

8.1 Cancellation by You

(a) Bookings may only be cancelled in accordance with this clause 8.

(b) Subject to clause 8.1(c), if You cancel a booking 24 hours or more prior to the Start of the Rental You will be refunded all prepaid Rental Charges. However, if You:

(i) cancel a booking within 24 hours prior to the Start of the Rental;

(ii) fail to pick up the Trailer within 30 minutes of the Start of the Rental as set out in the confirmed booking; or

(iii) fail to notify Local Trailer Hire of Your intended cancellation prior to the Start of the Rental and fail to pick up the Trailer,

the booking will be cancelled and You will be charged the Rental Charges for the Rental Period as booked unless Local Trailer Hire is able to rent the Trailer to another renter for an equivalent term and rate.

(c) If You amend Your Booking within 24 hours of the Start of the Rental, notwithstanding the revised Start of the Rental is more than 24 hours in advance, there is no entitlement to a refund under clause 8.1(b) for any subsequent cancellation.

(d) Your cancellation is not effective until acknowledged and confirmed by Local Trailer Hire.

8.2 Cancellation by Local Trailer Hire

Cancellation by Local Trailer Hire may occur without penalty to it or You if the Trailer is unavailable as a result of unforeseen circumstances, such as it having been involved in a prior accident.

8.3 Cancellation by the Owner

If the Owner cancels a Hire Agreement after the Commencement of Rental and You are not in arrears, the Owner agrees that, in addition to the Owner being bound by the cancellation terms of the Owner Contract, You may keep the Trailer until such time as Local Trailer Hire has found a like-for-like replacement Trailer or when the replacement period concludes.

9. Traffic Offences, Fines and Fees

9.1 Payment and processing fees

(a) You and any Authorised Driver must pay all fines, penalties, traffic infringements, tolls and costs incurred during the Rental Period or any period outside the Rental Period in relation to which You remain in possession of, or are responsible for, the Trailer.

(b) A processing fee of $50 per toll is payable to Local Trailer Hire for each unpaid toll incurred, in addition to the toll amount and all other charges levied by the toll provider.

9.2 Notification by You and nomination by the Owner

(a) You must notify Local Trailer Hire and the Owner in writing in accordance with clause 17 as soon as You become aware that a fine, penalty, traffic infringement or toll has been incurred.

(b) Upon receipt of a fine, penalty, traffic infringement or toll notice the Owner will complete the required documentation to absolve themselves from liability and nominate You as the responsible party and return the documentation and any statutory declaration to the responsible authority that issued the notice within 7 days of receipt of the notice.

9.3 Challenging a fine is at Your own expense

In the event that You challenge any fine, penalty, infringement or toll notice, You do so at Your own expense.

10. Standard Listed Trailers: use of the Trailer is at Your own risk

10.1 Standard Listed Trailers

If You have selected a Standard Listed Trailer , the terms and conditions of this clause 10 apply to Your Rental Contract.

10.2 No Damage, Trailer Shield or insurance cover

(a) You are fully responsible to use the Trailer safely and for its intended purpose.

(b) There is no insurance or damage cover included in the Rental Contract and the Trailer is used by You and any Authorised Driver at Your own risk.

(c) If You have comprehensive insurance on the towing vehicle You should check with Your insurer as to whether the Trailer is covered for Damage and if not You do not have insurance or damage cover for the Trailer and You should be aware that You operate the Trailer at Your own risk.

(d) Local Trailer Hire is not responsible for any Damage caused to Your property or the property of any third party resulting from Your use of the Trailer.

(e) Local Trailer Hire strongly recommends that You obtain Your own insurance cover that provides:

(i) cover for You and any Authorised Driver for Damage to the Trailer and the Trailer’s market value if it is stolen and not recovered or written off as a result of an Accident; and

(ii) indemnity to You or any Authorised Driver for any claim for Third Party Loss arising from an Accident that occurs during the Rental Period.

10.3 Damage to the Trailer and loss through theft

(a) You must pay in full for all Damage to the Trailer, whether accidental, or resulting from any other cause, including weather and cyclonic events.

(b) If the Damage to the Trailer is repairable, You must pay Local Trailer Hire the full Damage cost but if:

(i) the Damage is so substantial that it is not repairable; or

(ii) the Trailer is lost or stolen and not recovered,

You must pay Local Trailer Hire for the replacement cost of the Trailer, plus the Local Trailer Hire Service Fee.

10.4 Replacement costs

For the purposes of clause 10.3(b) the replacement cost is the current market value of a replacement Trailer of equivalent make, model, age and condition of the damaged Trailer.

10.5 Payment of the Rental Fees after an Accident

You must pay Local Trailer Hire the Rental Fee at the daily rate shown in the Hire Agreement from the date of an Accident or theft of the Trailer until the earlier of:

(a) the completion of repairs if the Trailer is damaged; or

(b) the Trailer is replaced because it is declared a total loss because it is damaged beyond repair or because it is stolen.

11. Premium Listed Trailers: Trailer Shield and roadside assistance

11.1 What is included for a Premium Listed Trailer?

If You have selected a Premium Listed Trailer, the terms and condition of this clause 11 apply to Your Rental Contract and the following benefits are included:

(a) Trailer Shield; and

(b) roadside assistance.

11.2 Trailer Shield

(a) What is covered

Cover for damage to the Trailer as shown in Your booking up to the market value of the Trailer.

(b) What is not covered

There is no cover for:

(i) Damage arising from a Major Breach;

(ii) Damage to the Trailer’s wheels or tyres, jockey wheels or lights that is not reasonable wear and tear;

(iii) any accessories supplied with the Trailer, including trailer nets and trolleys;

(iv) theft of the Trailer;

(v) any claims for Third Party Loss (see clause 12 for full details); or

(vi) unpaid Hire Fees.

You can reduce the Damage Excess payable to a minimum of $250 by paying an additional daily fee as shown in the excess reduction table on the booking page.

(d) Conditions of cover

It is a condition of Trailer Shield cover that any claim for Damage to the Trailer must be supplied by You to the Owner upon return of the Trailer and must include:

(i) clear, high resolution, digital photos of:

(A) the front and rear of the Trailer;

(B) each of its wheels; and

showing the Trailer’s condition at the Start of the Rental and a separate set of photos showing its condition upon its return at the End of the Rental, using flash if the handover is not in daylight; and

(ii) a written report to the Owner with a detailed description of the circumstances under which the Damage to the Trailer occurred.

11.3 Roadside assistance

You have access to NRMA’s Everyday Care roadside assistance during the Rental Period which provides basic coverage and free towing as follows:

(a) New South Wales: 20 kilometres;

(b) Victoria (RACV): 20 kilometres in metropolitan areas and to the nearest service centre in regional areas;

(d) Northern Territory (RAANT): 8 kilometres in metropolitan areas and 32 kilometres in regional areas;

(e) Western Australia (RAAWA): 10 kilometres in metropolitan areas and a round trip of 80 kilometres from the nearest RAAWA base in regional areas; and

(f) South Australia (RAA): 8 kilometres in metropolitan areas and 40 kilometres in regional areas.

12. Exclusions and indemnity that apply to Standard and Premium Listed Trailers

12.1 No cover for Third Party Loss

Neither a Standard Listed Trailer nor a Premium Listed Trailer has any damage cover or Trailer Shield cover for Third Party Loss. Consequently, if there is any claim for Third Party Loss arising from Your use of the Trailer during the Rental Period You are liable for, and must pay for, any and all third party liability that arises from that use.

12.2 No cover for goods or property

The Rental Contract provides no insurance or Trailer Shield cover damage cover for:

(a) loss or damage to goods or property carried in the Trailer whether owned by You or a third party; or

(b) Third Party Loss resulting from goods or property falling from the Trailer.

12.3 Personal items

There is also no damage cover or Trailer Shield cover for personal items that are carried, left in or stolen from the Trailer or for loss or damage to property belonging to or in the custody of:

(a) You;

(b) any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;

(d) Your employees.

12.4 Indemnity

By entering the Rental Contract You agree to indemnify Local Trailer Hire and the Owner and to keep Local Trailer Hire and the Owner indemnified against any loss, claim, damage, liability, action or legal proceedings and all costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) for:

(a) Damage to the Trailer;

(b) Third Party Loss, including any loss resulting from goods or property falling from the Trailer;

(d) damaged or stolen personal items carried, left in or stolen from the Trailer.

13. Trailer Condition and Return

13.1 Return of the Trailer

(a) You must return the Trailer to the Owner at the Return Location strictly at the time and on the date agreed between the Owner and You.

(b) If the Trailer is returned 30 minutes or more after the agreed time for its return, a late fee of up to one full day's rental will apply and You will incur a further full day's rental fees and a 25% late fee premium for each subsequent day or part thereof until the Trailer is returned to the Owner.

(c) You remain responsible for the Trailer until it is returned to the Owner in accordance with this clause 13.1 and these Rental Terms and Conditions continue to apply, regardless of whether it is returned during, at the end of, or after the expiry of, the relevant Rental Period.

13.2 Early return

Subject to clause 8, if You return the Trailer to the Owner before the End of the Rental You must pay Local Trailer Hire the amounts in clause 7.1 for the duration of the Rental Period unless otherwise agreed in writing by the Owner and Local Trailer Hire.

13.3 Hand over

(a) At the time of hand over to the Owner at the Return Location You must:

(i) return the Trailer to the Owner in the same condition as it was at the beginning of the Rental Period, save for any reasonable wear and tear; and

(ii) ensure that the Trailer has been cleaned prior to hand over to the Owner.

(b) You and the Owner must also:

(i) take high definition digital photographs of the Trailer of the exact same areas as those taken at the Start of the Rental, using flash if the handover is not in daylight; and

(ii) check that any photographs of the Trailer taken are as close as practicable to those areas photographed at the handover to You at the commencement of the Rental Period and in the manner required by clause 6.2(b).

Note: If these photos are not taken, You may forfeit the right to dispute that the Damage occurred during Your rental. Further, for a Trailer that is a Premium Listed Trailer, in the absence of these photos You will have no entitlement to Trailer Shield cover for any Damage to the Trailer and You will be liable to the Owner for that Damage.

13.4 Reporting non-returned Trailers to the police

If the Trailer is not returned at the time and date specified in the Hire Agreement or as agreed between the Owner and You the Trailer may immediately be reported as stolen and may be de-registered.

14. Accident reporting

14.1 Reporting an Accident to Local Trailer Hire

If You have an Accident or if the Trailer is stolen You must report the Accident or theft to Local Trailer Hire within 12 hours of it occurring and email to Local Trailer Hire at hello@localtrailerhire.com.au a full description of the Accident or theft circumstances, including the information required in clause 14.3.

14.2 Reporting an Accident to the police

If the Trailer is stolen or if You have an Accident where:

(a) any person is injured;

(b) the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or

You must also report the theft or Accident to the Police.

14.3 Steps You must take following an Accident

If You have an Accident You must:

(a) exchange names and addresses and telephone numbers with the other driver;

(b) take the registration numbers of all vehicles involved;

(i) the position of all vehicles before they are moved for towing or salvage;

(ii) the Damage to the Trailer;

(iii) the damage to any third party vehicle or property; and

(iv) the general area where the Accident occurred, including any road or traffic signs;

(d) obtain the names, addresses and phone numbers of all witnesses.

14.4 Subsequent assistance

Subsequent to the Accident or theft You must:

(a) forward all third party correspondence or court documents to Local Trailer Hire within seven (7) days of receipt;

(b) co-operate with Local Trailer Hire in the investigation of any Accident or theft claim and supply such further information as Local Trailer Hire or Our investigator may reasonably request within seven (7) days of receipt of such a request; and

(c) co-operate with Local Trailer Hire in the prosecution of any legal proceedings that Local Trailer Hire may institute or the defence of any legal proceedings which may be instituted against You or Local Trailer Hire as a result of an Accident, including attending:

(i) Our lawyer’s office; and

(ii) any Court hearing.

14.5 What You must not do

You must not:

(a) make any admission of fault;

(b) make any offer or promise to pay or settle any claim for Third Party Loss; or

(c) agree to indemnify, waive, or release any other party from liability to pay for Damage as a result of an Accident, theft or attempted theft.

14.6 Consequences of lack of co-operation

Your entitlement to damage cover under a Premium Listing Trailer will be reduced, including to nil, according to the extent Local Trailer Hire is prejudiced as a direct result of any delay in complying with:

(a) the reporting obligations in clauses 14.1 and 14.2; and

(b) the obligations in clause 14.4 to forward third party correspondence and court documents to Local Trailer Hire within seven (7) days and to co-operate with Local Trailer Hire in the investigation of any Accident or theft claim and the prosecution or defence of any legal proceedings.

14.7 Trailer may need to be moved after an Accident

In the event of an Accident, You acknowledge that Local Trailer Hire or the Owner may insist that the Trailer be moved to the nearest repairer to secure it.

14.8 Cancellation of Hire Agreements for damaged or stolen Trailers

(a) If the Trailer is damaged or stolen and provided that You have not committed a Major Breach of the Rental Terms and Conditions, Local Trailer Hire may at its option:

(i) cancel the Hire Agreement and, subject to the availability of a similar Trailer at a similar rental fee, grant You the option of entering into a new rental agreement for a term no less than the remaining term of the original Hire Agreement; or

(ii) cancel the Hire Agreement if no similar Trailer is available at a similar rental fee.

(b) If the Hire Agreement is cancelled under clause 14.8 and notwithstanding clause 8, the Agreement is deemed to have been terminated by mutual consent and no action for damages or penalties will accrue to either Local Trailer Hire or the Owner as the result of that cancellation.

15. Major Breach, termination and repossession

15.1 Major Breach

A Major Breach of the Rental Contract occurs if there is a breach of:

(a) clause 2 (authorised drivers);

(b) clause 3 (prohibited use);

(d) clause 5.1 (reasonable care);

(e) clause 5.2 (operating the Trailer);

(f) clause 5.3 (occupational health and safety);

(g) clause 5.4 (notification of fault);

(h) clause 5.5 (repair without authority),

that causes Damage, theft of the Trailer or Third Party Loss;

(i) clause 14 (accident reporting) that prevents Local Trailer Hire from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim; or

(j) clause 19.3(c) (removal or tampering with the Tracking Device).

15.2 Termination

(a) Local Trailer Hire may terminate the Hire Agreement at any time if You commit a Major Breach of the Rental Terms and Conditions and Local Trailer Hire must notify You and the Owner, in accordance with clause 17, immediately of the termination of the Hire Agreement.

(b) The Owner may terminate the Hire Agreement at any time if You commit a Major Breach of the Rental Terms and Conditions and the Owner must notify You and Local Trailer Hire, in accordance with clause 17, immediately of the termination of the Hire Agreement.

(c) You may terminate the Hire Agreement at any time if the Owner commits a material breach of the Rental Terms and Conditions and You must notify the Owner and Local Trailer Hire, in accordance with clause 17, immediately of the termination of the Hire Agreement.

15.3 Our rights on termination

If the Rental Contract is terminated it will not affect Our right to receive any money You owe under the Rental Contract.

15.4 Repossession

(a) If the Rental Contract is terminated pursuant to clauses 15.1 or 15.2(b):

(i) Local Trailer Hire or the Owner may repossess the Trailer from You; and

(ii) You must pay the cancellation fees pursuant to clause 8.

(b) Notwithstanding clauses 15.1 or 15.2(b), the Owner may immediately repossess the Trailer without notice to You if:

(i) You have illegally parked the Trailer for longer than 24 hours;

(ii) You have committed a reckless breach of road or traffic legislation, including but not limited to:

(A) the accrual of demerit points that result or will result in immediate suspension of Your licence;

(B) the accrual by You of more than six (6) demerit points in any 24 hour period; or

(C) the imposition of demerit points arising from three (3) or more incidents or apprehensions by a regulatory authority in any 24 hour period;

(iii) the Trailer is apparently abandoned;

(iv) payments are in arrears or are not received within 24 hours of the due date; or

(v) the Trailer has not been returned to the Owner at the time and date specified in the Hire Agreement,

and You must pay the cancellation fees pursuant to clause 8.1(b).

(c) You give Local Trailer Hire and the Owner permission to access and enter Your premises to repossess the Trailer without using unreasonable force or causing damage; and

(d) You must pay any towing or recovery fees incurred in the Trailer’s repossession and if the Owner repossesses the Trailer directly You agree to indemnify the Owner for the costs incurred by the Owner.

16. Local Trailer Hire’s responsibility and liability

16.1 Local Trailer Hire is the Owner’s agent

(a) Local Trailer Hire enters into the Hire Agreement with You as agent of the Owner with respect to payments and receipts only.

(b) Notwithstanding clause 16.1(a), Local Trailer Hire, as agent of the Owner, has the right to enforce these Rental Terms and Conditions against You in the event of any failure by You to comply with these Rental Terms and Conditions.

16.2 No warranty made or liability accepted by Local Trailer Hire

(a) Local Trailer Hire makes no warranty to You that the Trailer is in a roadworthy condition.

(b) Local Trailer Hire accepts no liability in respect of, and shall not be responsible to You for:

(i) the condition of the Trailer;

(ii) any information or content provided by the Owner;

(iii) death or personal injury;

(iv) any damage to any property, or damage to or loss of any Trailer;

(v) any damage or loss of any belongings left in any Trailer;

(vi) any incidental expenses;

(vii) any charges or fines mentioned in clause 9;

(viii) any theft or breakdown of any Trailer; or

(ix) any failure of the Owner to honour these Rental Terms and Conditions;

(c) Subject to the Australian Consumer Law, Local Trailer Hire is not liable to You under or in connection with these Rental Terms and Conditions, for:

(i) loss or damage incurred by You in connection with any claims made by a third party;

(ii) loss of profit, goodwill, business opportunity or anticipated saving suffered by You; or

(iii) any indirect or consequential loss or damage suffered by You.

17. Notices

17.1 Notice requirements

A Notice must be:

(a) in writing;

(b) signed by or on behalf of the sender; and

and:

(d) delivered by personal service;

(e) sent by pre-paid mail; or

(f) transmitted by email.

17.2 How notice is given

A Notice given to a person in accordance with this clause is treated as having been given and received:

(a) if delivered in person, on the day of delivery if delivered before 5pm on a Business Day, otherwise on the next Business Day;

(b) if sent by pre-paid mail within Australia, on the third Business Day after posting;

(c) if sent by pre-paid airmail to an address outside Australia or from outside Australia, on the fifth Business Day (at the address to which it is posted) after posting; and

(d) if transmitted by email before 5pm on a Business Day, on the day of transmission (otherwise, if sent after 5pm, on the next Business Day), provided that the sender does not receive an automated notice generated by the sender’s or the recipient’s email server that the email was not delivered.

18. Personal Property Securities Act 2009 (Cth) (PPSA)

18.1 Interest is as bailee only

You have no right to, or interest in, the Trailer other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.

18.2 Security Interest

You acknowledge that:

(a) the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Trailer;

(b) Local Trailer Hire has a Security Interest in the Trailer and the Trailer will at all times remain subject to that Security Interest; and

19. Privacy

19.1 Personal information

(a) Local Trailer Hire is committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.

(b) As specified in clause 1.1(a)(ii) of these Rental Terms and Conditions the Privacy Policy forms part of the Rental Contract.

(c) You consent to Local Trailer Hire collecting, using and disclosing Your personal information in accordance with the Privacy Policy.

(d) When Local Trailer Hire collect Your personal information Local Trailer Hire will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Local Trailer Hire We may not be able to provide those rental services to You.

19.2 Accuracy and protection of personal information

Local Trailer Hire takes reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

19.3 Tracking Device

(a) To maintain and protect the Trailer, Local Trailer Hire or the Owner may fit a Tracking Device to track the Trailer’s movements and location.

(b) Information from the Tracking Device may be used during and after the Rental Period. When You sign the Hire Agreement, You expressly consent to Local Trailer Hire:

(i) using the Tracking Device on the Trailer during the Rental Period; and

(ii) collecting, using and retaining information from the Tracking Device for the purposes referred to in clause 19.3(a).

20. Definitions and interpretation

20.1 Definitions

In these Terms and Conditions:

Accident, Accidental means an unintended and unforeseen incident, including:

(a) a collision between the Trailer and another vehicle or object, including animals and roadside infrastructure;

(b) rollovers; or

that results in Damage or Third Party Loss.

Collection Location means the location specified in the Hire Agreement for collection of the Trailer, or any other location as agreed between the Owner and You.

Damage means:

(a) any loss or damage to the Trailer including its parts, components and accessories, that is not fair wear and tear;

(d) towing and salvage costs;

(e) assessing fees;

(f) claims administration fee; and

(g) Loss of Use,

and for the removal of doubt, any Damage to the Trailer that makes it unroadworthy is not fair wear and tear.

Damage Excess means the amount payable if there is Damage to a Trailer that is a Premium Listed Trailer.

End of the Rental means the date and time shown in the Hire Agreement or the date and time the Trailer is returned to Local Trailer Hire, whichever is the later.

Local Trailer Hire, We, Us, Our means The Local Hire Group Pty Ltd trading as Local Trailer Hire ABN 60 631 399 981.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Hire Agreement because the Trailer is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach has the meaning in clause 15.1.

Off Road means any area that is neither a sealed or unsealed road and includes but is not limited to unformed roads, fire trails, tracks, river and tidal crossings, creek beds, beaches, streams, dams, rivers, flood waters, sand, deserts, rocks, fields and paddocks.

Owner means a Person who has agreed to hire out their Trailer to a Renter in accordance with the contract between Local Trailer Hire and the Owner (Owner Contract).

Owner Rate means the amount payable by the Owner as identified on the Hire Agreement.

Person includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.

Premium Listed Trailer means a Trailer selected by You in the booking process and to which the terms and conditions of clause 11 apply, including the benefit of Trailer Shield and roadside assistance.

Privacy Policy means the privacy policy of Local Trailer Hire published on the Website.

Rental Fee means the amount payable by You to Local Trailer Hire as set out in the Hire Agreement, and any other fees and charges, including late fees, incurred by You during the Rental Period.

Rental Location means the location from which the Trailer is rented, as shown on the Hire Agreement.

Rental Period means the period commencing at the time shown in the Hire Agreement and concluding at the End of the Rental.

Rental Terms and Conditions means these terms and conditions which govern the operation of the Rental Contract.

Renter means a Person who has agreed to hire a Trailer from the Owner in accordance with the Rental Contract.

Security Bond means the amount Local Trailer Hire collects from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental.

Standard Listed Trailer means a Trailer selected by You in the booking process and to which the terms and conditions of clause 10 apply, including that the use of the Trailer is entirely at Your own risk.

Start of the Rental means the date and time that the rental commences as shown in the Hire Agreement.

The Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Trailer means the Trailer described in the Hire Agreement and includes its parts, components and accessories.

Trailer Shield means the additional benefit that applies to a Trailer that is a Premium Listed Trailer and provides cover for Damage to the Trailer up to the value of the Trailer as shown in Your booking, and subject to the exclusions in clause 11.2(b).

Website means the www.LocalTrailerHire.com.au website and the content, features and services offered through it.

Underbody Damage means any damage to the Trailer caused by or resulting from contact between the underside of the Trailer and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

Unsealed Road means a road that has been formed and constructed but is not sealed with a hard material such as tar, bitumen or concrete.

You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Trailer from Local Trailer Hire and whose name is shown in the Hire Agreement.

20.2 Interpretation

In these Terms and Conditions, unless the context otherwise requires:

(a) headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and

(b) where You comprises two or more persons each is bound jointly and severally.