EQUIPMENT HIRE TERMS AND CONDITIONS

KEY POINTS

  • Read the Terms and Conditions Carefully.
  • Any bookings and payment for equipment hire implies your agreement to these terms.
  • If you have any questions, contact us directly.
  • All hire bookings require a refundable security bond. The bond amount is shown with each equipment item in the description section. Each equipment item hired requires a bond.
  • The bond is not charged on your credit card when you make the initially booking. It will be charged approximately 3-4 days before your pre-trek date. All bonds, pending there are no issues with the hire, are refunded within 3-4 days after your post-trek date.

BOTTOM LINE

  • Look after the equipment you hire from us. It is expensive to repair and replace. You take 100% responsibility for the equipment and anything that happens to it in your care.
  • Return the equipment to us in the same condition you receive it.
  • If you return the equipment to us and it needs to be cleaned, expect to pay to have it cleaned.
  • Return the equipment to us on time or expect to pay excess.

DEFINITIONS

1. Equipment’ is referred to any Equipment or equipment items You hire such as tents, backpacks, stoves, trekking poles and other items. The items You choose for the Hire period will be listed in Your hire booking.

2. ‘Master Booking’ refers to Your original transfer or trek package booking.

3. ‘Hire Period’ is the time and date that the You take possession of the Equipment until the time and date the Equipment is validly returned to Our possession

FULL RESPONSIBILITY

4. You agree to take full responsibility for the Equipment from the time You take possession of the Equipment until the Equipment is validly returned to the possession of Us in accordance with these terms and Your Hire Booking. You are to the fullest extent permitted by applicable law, responsible for all damages regardless of fault which may occurs during the Hire Period.

5. You agree to indemnify, release and hold harmless Larapinta Trail Trek Support and its associates to the maximum extent permitted by law from any claim against Us for loss of or damage to any person or property that is connected with the hire under this Agreement.

OUR POLICIES

6. Your acceptance of Our Terms and Conditions listed here implies you also agree to Our Service Policy which you can read here:

https://www.larapintatrailtreksupport.com.au/policies and to our Disclaimer Policy which you can read here: https://www.larapintatrailtreksupport.com.au/disclaimer

OUR AGREEMENT

7. This Agreement represents the complete and final agreement between You and Us and cannot be modified by oral agreement. There are no oral or other representations, warranties or agreements not included in this Contract. You acknowledge that this Agreement may be amended only in a writing signed by both You and Us.

YOUR GENERAL OBLIGATIONS DURING THE HIRE PERIOD

8. You alone are responsible for selecting the Equipment and satisfying yourself as to its suitability for Your trek and its intended use. You are wholly responsible for the equipment during the hire period. It is wholly Your responsibility to ensure the equipment is protected from damage, loss or theft.

9. You do not rely on any representation, warranty or undertaking of Us as to the Equipment's suitability or fitness for the purpose or Your trek and its intended use.

10. You under take that that during the Hire Period You will operate and use the Equipment in a manner the Equipment was designed for and in compliance with all instructions and recommendations issued by the manufacturer

11. You will at all times keep and maintain the Equipment in proper working order and condition and in good and substantial repair - fair wear and tear excluded; You must not in any way alter, modify, tamper with, damage or repair the Equipment without Our prior written consent.

12. You must not attempt, or purport to agree to, sell, assign, sublet, lend, pledge, mortgage, let on hire, grant a Security Interest in or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Equipment or any part of the Equipment

TERMINATION OF THE HIRE CONTRACT

13. We reserve the right to terminate this hire contract if this contract is breached or violated by You with no obligation to refund any monies to You

CANCELLATION FEES PRIOR TO TREK

14. If You cancel Your hire booking You will incur a cancellation fee. Below are the cancellation fee rates. % based on your hire booking fee:
• Outside 30 days from date of Your Pre-Trek or Start Date: 30% cancellation fee
• 30 days or less from the date of Your Pre-Trek or Start Date; 100% cancellation fee

HIKER INITIATED TERMINATION DURING TREK

15. If You terminate (quit, pull out etc) Your trek whilst on the trail for whatever reason, You will not be reimbursed any monies from Your hire booking fee.

16. You will be required to return all hired items to Us on Your immediate return to Alice Springs.

EQUIPMENT HIRE PERIOD

17. Your Hire Period is dictated by Your Master Booking. You will specify exactly the dates Your hire begins when You make the hire booking. The dates of Your hire must be consistent with Your Master Booking. Depending on Master Booking, We may automatically include the pre-trek and post-trek dates in your booking at no extra charge.

18. Extensions will be charged at a daily rate of the Equipment item.

19. Any Equipment not returned within 7 days following Your Hire Period will be deemed lost and in addition to Late Fees, You will be charged full Equipment replacement fees at retail rates plus 10%.

CONDITION OF EQUIPMENT ON DELIVERY

20. The Equipment We hire You is in very good to excellent condition and is no older than 3 years from the date of purchase. We will supply the equipment to You in a clean and very good working condition. All equipment is periodically and regularly inspected by Us, photographed and documented.

21. You acknowledge that You, upon receipt of the Equipment, You inspected, examined and accepted the Equipment, and that, as delivered to You, it is safe and in good operating condition and repair and otherwise in all ways acceptable to You. You must notify us immediately if You identify any missing items, damage or any concerns with Your Equipment when it is delivered to You.

22. You must protect the Equipment against misuse, exposure to adverse conditions and any other abuse or neglect, ensure that it remains in good operating condition and it returned to Us at the end of the Term in the condition it was delivered to You.

DELIVERY OF EQUIPMENT

23. We will deliver Your Equipment hire items during pre-trek. You nominate your pre-trek date in your Master Booking. Often, the Equipment hire items will be delivered the same time as Your trek food containers

USE OF EQUIPMENT

24. The Equipment is authorised for use only by You and Your group on the Larapinta Trail or in direct association to the Larapinta Trail. The Equipment is authorised for use only for its ordinary and designed purpose. You are entirely responsible for knowing how to use the Equipment. It is highly recommended You read the User or Owners Manual attached to Your Equipment booking or available online from the Equipment manufacturer.

CONDITION OF RETURNED EQUIPMENT

25. You must return the Equipment to Us in the same clean condition and good working order it was delivered to You, ordinary Wear and Tear excluded.

26. If you do not return the Equipment in the same conditions, We will charge you for any cleaning and repair costs including any full replacement costs at retail value.

27. The minimum cleaning fee is $30 per item but depending on the condition of the returned Equipment this may be more.

RETURN OF EQUIPMENT

28. We will pick up the Equipment from Your nominated post -trek accommodation.
29. It is wholly Your responsibility to ensure the equipment is secured and ready for collection at the nominated date during post-trek.
30. You will be wholly responsible for any damage or loss to the Equipment during the post-trek collection period.

ORDINARY WEAR AND TEAR

31. “Ordinary Wear and Tear,” meaning normal deterioration resulting from the proper and intended use of the Equipment in accordance with the terms of this Agreement, will not be considered damage. Damage which is not “Ordinary Wear and Tear” (and for which You will be solely responsible) includes without limitation, theft, mysterious disappearance, damage due to overloading or exceeding rated capacities, non-standard use, operation without proper supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents and intentional damage.

LOSS AND DAMAGE

32. You are the insurer of the Equipment during the Hire Period. You bear all risk of loss, theft, damage or destruction to the Equipment, regardless of cause (ordinary wear and tear expected). If the Equipment is lost, stolen, damaged or destroyed during the Hire Period, whether or not the same is Your fault, You will notify Us immediately, and You will pay Us the retail value of the parts and labour necessary to repair the Equipment if damaged, or its replacement cost, if lost, stolen, destroyed or damaged beyond Our reasonable ability to repair it

33. All packing, shipping, handling, storage and other associated costs for the replacement or repair of the Equipment will be at Your cost. Hire previously paid will not be applied to the above-referenced charges. (Hire will continue to accrue during all repair and replacement periods]

POSSESSION/TITLE

34. We own the Equipment We hire to you and always remains in our ownership during the Hire Period. You are entitled to use and possess the Equipment for the Hire Period, subject to the terms of this Agreement. If you retain any of the Equipment beyond the agreed Term without Our express written consent, You will be deemed to have materially breached the Agreement.

35. If You fail to return the Equipment after 7 days, not only will You be charged the extra daily fees, plus 10% interest, you will be charged for any debt or re-possession efforts We require to execute in order to secure the return of the Equipment or seek full replacement costs. These extra fees include any legal and debt collection fees We accrue in Our attempts to repossess Our Equipment from You.

PAYMENT

36. All Equipment hire is paid upfront when the hire booking is made.

37. All payments, including the bond, must be made by credit or debit card.

38. When payment is made by credit or debit card, you agree that We are irrevocably authorised to take any other action to recover from Your credit or debit card issuer all amounts due by You pursuant to this Hire Contract. This includes, but not limited to, any amounts ( exceeding the Security Bond amount) due in respect of damage to the Hire Equipment and all other additional charges as they are incurred including all late return fees and associated administration costs.

SECURITY BOND/ CREDIT AND DEBIT CARD USE & CHARGES

39. Each individual equipment item hired is secured by a refundable security bond of a fixed amount. The bond amount is shown on our website within each equipment item listed for hire.

40. Bonds are fixed amounts. The bond is not charged on your credit card when you make the initially booking. It will be charged approximately 3-4 days before your pre-trek date. You agree to authorise us to charge the bond amount at that time. If we cannot charge your credit card for a security bond for your hire, your hire booking will be cancelled. All bonds, pending there are no issues with the hire, are refunded within 3-4 days after your post-trek date.

41. The bond is used as security for any loss and damage which may occur during the Hire Period. The bond will also be used for any fees required to extend the hire period such as excess use of the messaging service.

42. The bond is fully refundable pending there is no damage or loss to the Equipment and/or You have not required extension periods for your hire. All bonds a refunded within 4 weeks of Hire Period end date.

43. You are not entitled to any interest on the security bond.

44. If We charge Your card for any charges or for damages incurred by You, in excess of the bond amount, We will promptly notify You of the amount charged and provide You the details of the costs or damages as the case may be.

45. You warrant that the credit card and debit card details supplied are for the Hirer’s card (whether alone or with another person) and the Hirer is responsible for all amounts credited, charged or debited to that card.

LIMITED LIABILITY AND INDEMNITY

46. YOU HAVE CERTAIN RIGHTS GIVEN TO YOU BY CONSUMER PROTECTION LEGISLATION. EXCEPT FOR THESE RIGHTS, WE PROVIDE NO OTHER WARRANTIES IN RESPECT OF THE EQUIPMENT AND WE ACCEPT NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHO USES THE EQUIPMENT DURING THE HIRE PERIOD, FOR ANY LOSS, DAMAGE, COSTS, EXPENSES OR ANY OTHER LIABILITIES RESULTING FROM THE EQUIPMENT.

47. EXCEPT TO THE EXTENT IMPLIED BY LAW, YOU SHALL BE RESPONSIBLE FOR ALL RISKS WHATSOEVER OF OR IN CONNECTION WITH THE EQUIPMENT HIRE BY YOU, INCLUDING RISKS OF THIRD PARTY DAMAGE TO PERSONS OR PROPERTY AND RISKS OF LIABILITY TOWARDS PERSONS WHO OR WHOSE PROPERTY MAY BE AFFECTED BY THE EQUIPMENT DURING THE HIRING.

48. YOU INDEMNIFY AND RELEASE US AGAINST, AND HOLD US HARMLESS FROM, ANY AND ALL CLAIMS, ACTIONS, DEMANDS, SUITS, PROCEEDINGS, COSTS, EXPENSES, DAMAGES AND LIABILITIES, INCLUDING REASONABLE SOLICITORS FEES AND COSTS, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE EQUIPMENT DURING THE HIRE PERIOD (WHETHER DIRECT OR INDIRECT AND IRRESPECTIVE OF JURISDICTION), INCLUDING BUT NOT LIMITED TO THE MANUFACTURE, SELECTION, POSSESSION, USE, OPERATION AND/OR RETURN OF THE EQUIPMENT AND IN RELATION TO THE RISKS REFERRED TO IN THIS AGREEMENT.

ASSUMPTION OF RISK

49. YOU ACKNOWLEDGE THAT THE POSSESSION, USE, TRANSPORTATION AND/OR STORAGE OF THE EQUIPMENT MAY GIVE RISE TO THE RISK OF PERSONAL INJURY AND/OR PROPERTY DAMAGE. YOU VOLUNTARILY ASSUME ALL SUCH RISK AND RELEASE AND DISCHARGE US FROM ANY AND ALL LIABILITIES AND NEGLIGENCE, AND CLAIMS ARISING IN CONNECTION WITH THE HIRE EQUIPMENT.

ACCIDENT WAIVER AND RELEASE STATEMENT

50. YOUR AGREEMENT TO OUR HIRE TERMS IMPLIES THAT YOU INDEMNIFY US FROM THE DAMAGES CAUSED BY ANY ACCIDENT EXPERIENCED BY YOU OR ANY OTHER MEMBER OF YOUR HIRE GROUP WHICH CAUSES INJURY TO YOU, YOUR GROUP AND/OR ANY INVOLVED THIRD PARTY. ALL EQUIPMENT HIRED BY YOU IS ON THE UNDERSTANDING THAT OUTDOOR ADVENTURE ITEMS AND EQUIPMENT AND THAT ALL OUTDOOR ADVENTURE BASED ACTIVITIES ARE POTENTIALLY DANGEROUS AND THAT ANY EQUIPMENT USED AND ACTIVITY UNDERTAKEN IS AT YOUR OWN RISK.

51. WE CANNOT AND WILL NOT BE HELD LIABLE FOR ANY ACCIDENT, INJURY OR DEATH CAUSED WHILST YOU OR YOUR GROUP PARTICIPATE IN ANY OUTDOOR ACTIVITY OR ANY OTHER ACTIVITY USING OUR EQUIPMENT. ANY COSTS INCURRED WHILST USING THE HIRE EQUIPMENT INCLUDING BUT NOT LIMITED TO, ACCIDENT, INJURY, DEATH OR THIRD PARTY DAMAGE, WILL BE YOUR RESPONSIBILITY.

52. FOR THE ENTIRE DURATION OF THE USE AND/OR OPERATION OF THE HIRE EQUIPMENT BY A PERSON UNDER THE AGE OF 18 (A "MINOR") YOU MUST ACCOMPANY AND SUPERVISE THE MINOR IN HIS/HER USE AND/OR OPERATION OF THE EQUIPMENT.

WARRANTY WAIVER OF EQUIPMENT

53. YOU ARE ENTIRELY RESPONSIBILITY FOR ANY COSTS OR LIABILITIES ARISING FROM YOUR USE OF THE EQUIPMENT FEATURES SUCH AS THE TRACKING, GPS, APP AND PHONE PAIRING AND OTHER FEATURES OF THIS PRODUCT

54. YOU ARE ENTIRELY RESPONSIBILITY FOR ANY COSTS OR LIABILITIES ARISING FROM YOUR USE OF THE EQUIPMENT FOR ANY EVACUATION OR RESCUE

INSURANCE

55. You take responsibility for Your own insurance of the Equipment against the risk of the Equipment being rendered a total or constructive total loss, or being rendered unfit (without major repairs) for further use by Us.