Terms and Conditions
Website Terms and Conditions
The term ‘AusVenture’ or ‘us’ or ‘we’ refers to the owner of the website whose registered business name is AusVenture Pty Ltd. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
Rental Vehicle Agreement
Terms & Conditions / Effective 01 January 2011
This is an Agreement between You (‘You’ includes any additional renters and any authorised drivers identified in Rental Vehicle Agreement Part A) and AusVenture to rent the Vehicle identified in Rental Vehicle Agreement Part A including all its accessories, tools, tyres and equipment as well as any replacement vehicle. This Agreement (including any addendum or memorandum) shall be read and construed in its entirety and shall constitute the entire agreement between AusVenture and You and shall supersede all other provisions, terms, warranties or conditions contained in any other agreement, brochure, promotion, website advertisement or any other document. This Agreement shall be governed in accordance with the laws of the State of New South Wales in the Commonwealth of Australia. Any actions, claims, demands or suits arising out of or in respect of this Agreement must be brought in the courts in Sydney, Australia.
2. Refusal of Rental
AusVenture reserves the right to refuse any rental, or continuation of any rental, at its absolute discretion.
3. Vehicle Condition and Return
(a) You acknowledge the Vehicle was delivered toYou by AusVenture in good operating condition and with the seal of the odometer unbroken. You agree to return the Vehicle without alteration or addition to the Vehicle and in the same condition (except for ordinary wear and tear) together with all tools, tyres, accessories and equipment to the Return Location on the Return Date specified in Rental Vehicle Agreement Part A or sooner if demanded by AusVenture.
(b) You acknowledge that the Vehicle is the sole property of AusVenture and that at the time of receipt of the Vehicle by You, it was in good running condition and fit for the purpose for which You required it and You ascertained this on your own inspection of the Vehicle and not as a result of any representation made by AusVenture, its employees or agents.
(c) You acknowledge that the only existing damage to the Vehicle at the commencement of this Agreement is that detailed on the Vehicle Condition Report. It is essential that all existing damage is noted by You on the Vehicle Condition Report. Any damage which has not been noted on the Vehicle Condition Report will constitute damage which has occurred subsequent to the commencement of this Agreement for which You shall be charged to fix.
(d) AusVenture in its absolute discretion may take possession of the Vehicle without prior demand to You, and at your expense, if there has been a breach of any term of this Agreement or if the Vehicle is illegally parked, used in violation of any law or is apparently abandoned. In such circumstances AusVenture, its employees or agents may enter on any property where the Vehicle is situated and You will indemnify AusVenture, its employees and agents from claims by any person resulting from such entry and retaking of the Vehicle.
(e) If the seal of the odometer is broken or otherwise tampered with, You will be responsible for any costs of repairing or replacing the odometer.
(f) If You fail to return the Vehicle to the Return Location on time, You will be charged for all costs of transporting or towing the Vehicle to the Return Location unless otherwise agreed by AusVenture in writing.
(g) If You attempt to return the Vehicle to our Return Location outside the agreed time, the Vehicle will be deemed to have been returned at the time when that Return Location next opens for business and the rental shall continue until that time and You shall remain fully responsible for the Vehicle, unless other arrangements have been agreed to in writing by AusVenture.
(h) You must only use the fuel specified by the manufacturer of the Vehicle. Using bio-diesel, ethanol or any organic hybrid fuel is strictly considered the wrong fuel type. All costs associated with the use of this fuel including contaminated fuel will be at Your sole expense.
(i)AusVenture must be notified and it must agree to any extension of the rental period beyond that specified in Rental Vehicle Agreement Part A prior to the return date for the Vehicle otherwise the Vehicle will be immediately reported to the police as stolen.
4. Unauthorised and Prohibited Use of Vehicle
Persons who must not drive the Vehicle:
(a) A person who is not identified in Rental Vehicle Agreement Part A as either the renter or authorised driver.
(b) A person who is not licensed for that class of Vehicle.
(c) A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle.
(d) A person who was driving the Vehicle whilst under the influence of a drug.
(e) A person who has given or for whom You have given a false name, age, address or driver’s licence details.
(f) A person whose driver’s licence has been cancelled, endorsed or suspended within the last three years.
(g) A person who has held a full open driver’s licence for less than two years.
(h) A person under 25 years of age. A medical certificate (no more than two weeks old) may be required for drivers over 75 years stating the driver is fit to drive the vehicle booked for the duration of the rental period.
(i) A person who uses or intends to use the Vehicle for any illegal
Circumstances where the Vehicle must not be used:
(a) Any area outside the Area of Travel if specified in Rental Vehicle Agreement Part A.
(b) Under severe weather warnings at time of travel, unless authorised by AusVenture in writing.
(c) Carrying persons for hire, gain or reward, or to carry any inflammable, explosive or corrosive materials.
(d) Pushing or towing any Vehicle, trailer, boat or other object unless authorized by AusVenture in writing.
(e) Carrying any greater load and/or more persons and/or for a purpose for which the Vehicle is designed and constructed.
(f) Using the Vehicle for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those activities.
(g) Using the Vehicle in a dangerous, willful or reckless manner.
(h) Using the Vehicle in contravention of any legislation or regulation controlling vehicular traffic.
(i) Carrying any animal in the Vehicle, unless prior authorisation in writing has been granted by AusVenture.
5. Financial Obligations
You and any additional renter/s and/or authorised driver/s are jointly and severally responsible for compliance with the terms of this Agreement. By entering into this Agreement You and any additional renter/s and/or authorised driver/s are responsible for and irrevocably authorise AusVenture to debit the credit card/s provided (and You will pay AusVenture, on demand, any balance) with the following charges:
(a) The rental charges specified in Rental Vehicle Agreement Part A.
(b) All charges claimed from AusVenture for parking and/or any other traffic violations incurred during the rental period or until such later time as the Vehicle is returned to AusVenture. An additional administration fee of $75 per fine / infringement will apply to cover the costs of processing.
(c) All loss of or damage to the Vehicle, (including the loss of use of that Vehicle – ‘demurrage’), legal expenses, assessment fees, towing and recovery costs, third party damage, storage and other charges rendered by AusVenture’s where:
(i) You have breached any term of this Agreement ;
(ii) You have left the Vehicle unlocked or left the keys in the Vehicle;
(iii) You have not kept the keys secure and under your personal control;
(iv) You have lost, damaged or had the keys stolen;
(v) the Vehicle is totally or partially immersed in any water regardless of cause;
(vi) the interior of the Vehicle is damaged regardless of cause except when there is a collision with another vehicle;
(vii) the tyres of the Vehicle are damaged (other than by normal wear and tear) -Provide a written report on time, date, place & circumstance when tyre was damaged..
(viii) You have failed to maintain all fluid and fuel levels of the Vehicle or failed to immediately rectify or report to AusVenture any defect in the Vehicle of which You become or ought to have become aware;
(ix) the Vehicle is damaged by loading or unloading, normal wear and tear excepted;
(x) the underbody and overhead of the Vehicle is damaged regardless of cause except where there is a collision with another Vehicle or where You have purchased Liability Waiver and it applies;
(xi) You have been deemed negligent in any action thereby resulting in damage to the Vehicle or third party property;
(xii) You have damaged the Vehicle by any wilful or reckless misconduct;
(xiii) Damage is caused by sitting or standing on the bonnet or roof of the vehicle;
(xiv) Damage is caused to the Vehicle whilst it is being transported over water;
(xv) Damage is caused to the Vehicle by snow chains;
(xvi) Damage is caused to the awning of the Vehicle;
(xvii) Damage caused by a single vehicle roll over
(xviii) Costs are incurred for recovering the Vehicle if it is bogged;
(xix) Costs are incurred where the wrong fuel type or contaminated fuel was used or where water was put in the fuel tank;
(xx) Costs are incurred where fuel was put in the water tank;
(xxi) Costs are incurred with the Vehicle running out of fuel;
(xxii) Costs are incurred with losing the fuel, oil or water caps and items in the convenience and/or camping kits;
(xxiii) Costs associated with damage or accidents caused by falling asleep whilst driving.
We accept, Visa, and Mastercard. Visa and Mastercard incur an additional 2% surcharge on any transaction.
If You have paid by use of a credit card, or directed AusVenture to bill the charges to some other person, corporation, firm or organisation who or which fails to make payment when due, You will immediately pay the full amount due to AusVenture on demand. You irrevocably agree and authorise AusVenture to use the credit card/s provided for payment of any amount due under this Agreement even if a signed credit card voucher has been returned.
6. Cancellation Fees
In the case of canceling your reservation, the deposit is Non Refundable. In addition there is a $100 cancellation fee. A No Show is considered a cancellation. There is no refund for late pick up or early return of the Vehicle.
7. Change of Vehicle
Should the Vehicle booked be unavailable for any reason, AusVenture reserves the right to substitute an alternative vehicle without prior notification and at no extra cost to You. This shall not constitute a breach of contract and does not entitle You to a refund.
8. Errors in Rental Charges
If AusVenture has made a mistake in rendering charges to you in respect of The Vehicle, You agree to pay any shortfall in charges to AusVenture and vice versa should the case arise.
9. Exchange Rate/Currency Fluctuations
You acknowledge that all transactions under this Agreement are conducted in Australian Dollars. Due to exchange rate fluctuations, there could be some variance between the amount initially debited against your credit card and the amount refunded at the expiration of the Rental Period. You irrevocably agree to release AusVenture from any liability for such variation.
10. Travel Restrictions
i. can only be driven on sealed / bitumen made roads or well maintained access roads less than 500 metres long to recognised campgrounds.
ii. can be driven (ferried) to any island, as long as written permission is obtained from AusVenture prior to travel. Tasmania is considered an island. When travelling to islands, clause 10 (a) applies.
(a) In the event of an accident or breakdown on an island it will be your full financial responsibility to pay any salvage, towing, or ferry costs and/or recovery costs to the AusVenture base location. No replacement vehicle will be provided under any circumstances.
(b) AusVenture reserves the right at its sole discretion to restrict vehicle movements in certain areas for any reason including but not limited to adverse road or weather conditions.
11. Every 500 kilometres
The oil, fluids and coolant levels must be checked by You every 500-kilometres. You must add water/coolant to the cooling system and an appropriate oil (Castrol Enduron Low Sat SAE 10W40 or equal synthetic oil) rated for diesel powered vehicles to the engine if the indicator level is below minimum. (Bring a docket and AusVenture will reimburse you). You agree to maintain the Vehicle in these conditions and acknowledge that any mechanical damage occasioned as a result of your failure to maintain the Vehicle in accordance with this clause will be paid by You.
12. Mechanical Breakdowns
Any mechanical problems associated with the Vehicle must be reported to AusVenture as soon as possible in order to give AusVenture the opportunity to rectify the problem during the rental period. Equipment failure must also be reported to AusVenture. If AusVenture is either not contacted or You do not allow AusVenture the opportunity to rectify the problem during the rental period You agree that the problem is of such a minor nature that You make no claim for loss of time in respect of the rental period.
You also agree that AusVenture is not responsible for any claims made by You after the return of the Vehicle.
You will be charged a fee where it is established that roadside assistance could have been avoided in cases such as keys being locked in the Vehicle, flat batteries caused by lights having been left on and other such similar occurrences.
Any repair up to $200 needs no authorisation from AusVenture and all that is necessary for full reimbursement to You from AusVenture is a proper receipt for the amount of the repairs. If the repair is more than $200 then You must notify AusVenture and obtain AusVenture’s consent before the repairs are carried out. If the Vehicle cannot be driven as a result of a breakdown, AusVenture will only reimburse You for the time that the Vehicle was not available for use. Subject to availability, AusVenture may provide a replacement vehicle. Any cost incurred in you travelling back to the repairers or the AusVenture depot is your responsibility. The failure of accessories such as air-conditioners, awnings, televisions, microwaves, stove and grill, water pump, camping kit items, shower and toilet, refrigerators and radios/cassettes/CD/DVD/video players are not considered a breakdown and no amount will be paid by AusVenture to You. AusVenture is not responsible for any accommodation charges, meals, change of itinerary or out of pocket expenses resulting from a breakdown of the Vehicle or as a result of any accident. AusVenture is not responsible for any insect infestation such as but not limited to ants, flies, cockroaches, fleas, bedbugs and mosquitoes.
Note: It can often be difficult to carry out repairs during weekends and holiday periods and/or in remote areas due to limited opening times and/or spare parts.
13. Tyres / Windscreens
Authorization must be obtained from AusVenture before tyres or windscreens can be replaced. You are responsible for replacing damaged tyres (for example, but not limited to, blowouts, punctures, sidewall damage, tyre staking etc) unless caused by normal wear. Maintain pressures as per the Vehicle manufacturer’s manual. Only purchase new steel radial tyres of the same size and ply rating as is on the Vehicle. If You purchase tyres of a different size or ply rating AusVenture will not refund You. You are responsible for replacing damaged windscreens and tyres except where You have purchased Level 2 Liability Waiver and it applies.
In the event of an accident You must:
(1) record the Time/Date/Location;
(2) record the other parties full names, addresses, vehicle registrations, license number, car types as well as any property damage in circumstances where the accident did not involve another motor vehicle;
(3) record the name of their insurance company;
(4) not admit liability;
(5) notify the nearest police station within 24 hours of the accident;
(6) fully complete and sign the Accident Report Form (located in the Vehicle)
(7) notify AusVenture within 24 hours of the accident and fax through the Accident Report Form .
In the event of an accident, the towing and retrieval of the Vehicle to the AusVenture depot , Mercedes or NRMA repairer is at your expense up to the amount of your Liability Waiver where it applies or for the full amount where it doesn’t apply. There is no refund for monies paid for the unused portion of the rental period.
An administration fee of $75 per accident file will apply (to cover the costs of processing).
15. General Provisions
(a) Immediately upon receipt, You must provide AusVenture with every summons, complaint or paper in relation to any accident or loss involving the Vehicle.
(c) You irrevocably release and hold harmless AusVenture, its employees and agents from all claims for loss or damage to personal property owned by You or others left in the Vehicle, or which is received, handled or stored by AusVenture at any time before, during or after the rental period, whether due to AusVenture’s negligence or otherwise.
(d) Except as provided by law, You or passengers in the Vehicle are not the agent, servant or employee of AusVenture for any purpose whatsoever.
(e) AusVenture gives no express warranties in relation to the Vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where AusVenture is permitted to limit its liability under those statutes for breach of any implied condition or warranty, AusVenture limits its liability to replacement, repair or re-supply of the Vehicle. All warranties, conditions and other obligations which may otherwise be implied are expressly excluded by this Agreement in their entirety. AusVenture is not liable to You or any other person for any indirect, special, incidental or consequential loss relating to this Agreement. In the event of no alternative vehicle being available to You AusVenture’s liability is limited to a refund of the rental charge or in the case of mechanical failure (unless caused by You) the remainder of the rental period.
(f) No right of AusVenture under this Agreement can be waived except by writing of an authorised officer of AusVenture.
(g) A goods and services tax (GST) or any similar tax, stamp duty or any other tax, a merchants fee, duty surcharge, levy or fee (‘charges’) may be imposed by local, state or federal government pursuant to this Agreement and collected by AusVenture. In that situation, AusVenture may in addition to the rental charge, recover from You an additional amount on account of the charges. Any additional amount on account of the charges shall be calculated without any deduction or set-off of any other amount and is payable to AusVenture upon demand.
(h) You agree not to part with possession, dispose of, encumber or assign any right or interest in the Vehicle and not create any lien on the Vehicle for repairs.
16. Illustration Disclaimer
AusVenture’s brochures, web sites and other advertising material contain only representations of our vehicles. Pictures, illustrations, descriptions and measurements of the vehicles may be different to the actual vehicle offered to You due to modifications and/or upgrades. AusVenture is not liable for any such variance.
The Vehicle must be returned with the amount of fuel equal to that at the time of the commencement of the rental. If the Vehicle is returned with less fuel, the difference will be charged to You at a rate of $2.00 per litre (which includes a service component).
The Vehicle must be returned in a reasonable state of cleanliness or You may be charged a cleaning fee up to $500. The toilet and waste water tank must both be returned empty or a $150 cleaning fee will be charged to You in respect to each tank. The Vehicle must be completely free of mud. Smoking is not permitted in the Vehicles or a cleaning & deodorising process will be necessary at a charge of $300.
AusVenture’s hours are 0800am to 1630pm (local time) weekdays. The Vehicle must be returned at the Return Time and at the AusVenture site. If you wish to change the Return Date after the rental has commenced, You first must obtain permission from AusVenture. If the Vehicle is not returned to the Return location specified, without permission, the cost of transferring the Vehicle to the AusVenture site will be charged to you, plus a minimum charge of $700. You will continue to be responsible for the rental of the Vehicle, including demurrage, until the Vehicle is returned to the Return Location. If You return the Vehicle late without AusVenture’s permission, the Vehicle will immediately be reported to the police as stolen and You will be charged for the late return at a rate equivalent to double the daily standard gross rental charge for the Vehicle, plus the daily rate charge applicable to Your chosen Reduction Option. Early return of the Vehicle does not entitle You to a refund.
20. Rental Extensions
Should You wish to extend the rental period whilst on hire, you must first obtain authorisation from AusVenture. This is subject to availability of the Vehicle. The extra cost of an extended rental must be paid by credit card over the telephone immediately on confirmation of the rental extension. The additional days will be at the daily standard gross rental charge for the Vehicle applicable at the time of the extension.
21. Cyclones/Flooding and Weather Conditions
AusVenture is not responsible for road closures caused by cyclones, flash floods and other acts of God. Whilst AusVenture will make every effort to accommodate delays and non vehicle returns to Return Locations for these events any costs over and above the minimum $700 Return Date and Return Location fee will be your responsibility.
22. Damage Waiver
You will receive the benefit of AusVenture’s insurance with its insurer in respect of damage to the Vehicle or damage to any third party property other than any property owned by You (or any friend, relative, associate or passenger) or any property in your physical or legal control provided You:
(a) have paid the minimum Liability Waiver set out in Rental Vehicle Agreement Part A;
(b) are not in breach of this Agreement and have not caused any other person to have acted in a manner which is in contravention of this Agreement;
(c) are not covered under any other policy of insurance:
(d) have provided such information and assistance as may be requested by AusVenture’s insurer and, if necessary, authorised AusVenture’s insurer to bring, defend or settle legal proceedings, and have the sole conduct of those proceedings.
23. Personal Injury
The Vehicle has third party personal injury insurance cover. It is likely that any other vehicle involved in the accident also has third party personal injury insurance cover as well. Depending on the circumstances of the accident, You may be entitled to claim for your personal injury against the third party personal injury insurance of the party which is responsible for the accident. Details of the third party personal injury insurer for the Vehicle are set out in the registration details of the Vehicle.
24. Property Damage
As outlined in clause 24, the Vehicle is insured for damage to it or damage to the property of a third party. Notwithstanding that You may receive the benefit of AusVenture’s insurance with its insurer for the Vehicle, You will remain responsible up to the amount of the applicable Liability Waiver set out in Rental Vehicle Agreement Part A for the cost of such damage to the Vehicle and for damage to third party property. You will also remain responsible for the cost of demurrage for the period the Vehicle is unavailable due to repairs. The Liability Waiver applies in respect of each claim, not per rental. In the event of a claim, AusVenture will require you pay a second bond if You are continuing with the rental plus an administration fee of $75 per claim. TheLiability Waiver is applicable regardless of who is at fault and must be paid at the time the accident/incident is reported to AusVenture, not at the completion of the rental period. Note: Personal belongings damaged, stolen or lost are Your responsibility. AusVenture recommends that You do not leave items of value in the Vehicle and that You take out Your own Personal Travel Insurance.
25. Liability Waiver
AusVenture’s rental charge includes a Standard Liability Waiver of $5,000. A bond of $5,000 will be collected from You, by AusVenture debiting your credit card, at the time of You signing this Agreement. Payment of this bond is only accepted by credit card. An administration fee equal to the merchant surcharge applies. The Standard Liability Waiver can be reduced if You purchase one of the following Reduction Options:
Reduction Option 1
A Liability Waiver of $2,500 applies. You can purchase this Option by paying to AusVenture $25 per day. This total liability option charge is limited to a maximum of 30 days or $750. With this Option a bond of $2,500 will be collected from You, by AusVenture imprinting your credit card, and you signing the imprint at the time of You signing this Agreement. Payment of this bond is only accepted by credit card.
Reduction Option 2
A $500 liability Waiver can be purchased by paying AusVenture $40 per day. The maximum amount payable for this Option per rental is 30 days or $1200. This option covers one windscreen and two tyres. A bond of $2500 will be still collected from You, at the time of You Signing this Agreement. This Bond is payable to AusVenture by an open signed credit card imprint with an authorisation obtained (sufficient funds must be available for $2500).
26. Single Vehicle Accident
If a single vehicle accident occurs in the Northern Territory or Western Australia an additional liability of $1000 will apply. For the purpose of this Agreement a single vehicle accident is an accident which occurs when no other motor vehicle is involved or when You cannot provide AusVenture with the full details of any vehicles that were involved.
For security purposes, only a credit card can be used to provide a bond. The credit card holder must be present and be able to sign for the bond upon collection of the Vehicle. The credit card holder is jointly and severally liable for any damage to the Vehicle. The bond is fully refundable when the Vehicle is returned to the correct location on time, is full of fuel and all other terms of this Agreement have been complied with. If there is damage to the Vehicle on its return, the bond will be used to cover the cost of such damage up to the amount of the relevant Liability Waiver. However, if the terms of this Agreement are breached and the bond is insufficient to cover the damage then any extra cost will be charged to You.
28. Privacy Notice