Welcome to BASE CAMP!
Each tent includes:
REAL innerspring mattresses - King or Single
Bedding & Linen - Fitted & flat sheet
Floor rugs throughout the tent
Lucy & Lachlan - Base Camp
TERMS AND CONDITIONS OF HIRE
In this agreement
'Booking' means the booking or order constituted by the acceptance of these terms and the details and specifications set out in the Work Confirmation;
'Commencement Date' means the commencement date for the Rental Period set out in the Work Confirmation;
'Deposit' means 50% of the Total;
'Goods' means the tent and furnishings described on the Work Confirmation and any replacement for the tent and furnishings and includes all accessories and other equipment;
'GST' has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
'Guest' means any person who uses the Goods during the Rental Period;
'Hirer means the person named as the contact on the Work Confirmation;
'Owner' means Avant-Garde Camping Co Pty Ltd. and its substitutes, successors and permitted assigns, licensees, franchisees and/or agents;
'Price list' means the Owner's published price list which is current at the date this agreement; and
'Rental Period' means the period beginning on the date set out on the Work Confirmation as the Commencement Date and ending on the date set out on the Work Confirmation or, if the Goods are stolen or damaged beyond repair, the date on which the insurance company confirms that it will accept that the Goods have been stolen or damaged beyond repair;
'Total' means the total price of the Goods as set out in the Work Confirmation or that may be agreed by any variation to the Work Confirmation.
2. Rental Agreement
The Owner agrees to rent the Goods to the Hirer for the Rental Period and the Hirer agrees to pay the Total, together with any applicable GST, on the terms and conditions set out in this agreement. The Hirer is entitled to use the Goods for the Rental period and for any agreed extension of the Rental Period. The Hirer agrees to perform its obligations under this Agreement.
3. Site requirements:
3.1 The Hire Charges are based on the assumption that the site is a flat level firm ground with easy access for motor transport, and that no drains, cables or other services are buried beneath the surface or otherwise concealed. The Hire Charges do not include any making good or repairing of damage to the site. Should these assumptions be incorrect we reserve the right to additionally charge you for any extra work we agree to provide. Please refer to variations table below.
5-meter bell tent requires 9 x 9 meters of grassed areas for all pegs to be adequately pitched into the ground.
6-meter bell tent requires 11 x 8 meters of grassed areas for all pegs to be adequately pitched into the ground.
3.2 The Hirer is required to provide the Company with either a plan showing the position in which the Equipment is to be erected or should have a representative on the site for that purpose. In the absence of a plan showing the position in which the Equipment is to be erected the Company will erect Equipment where we deem appropriate and shall be deemed to have completed the contract in doing so.
3.3 The Hirer should never presume that any other equipment is included in the Hire other than what is stated in the booking confirmation and related website, specific to their booking.
3.4 The Hirer is required to select a site that is not susceptible to bogginess, aerated soil or has poor drainage. Any flooding caused is the responsibility of the Hirer.
3.5 The Hirer must ensure that any obstructions to the site are removed before the Company arrives. This includes plants, shrubs, trees, vehicles and other materials. The Company reserves the right to apply a discretionary surcharge at its standard advertised rates if obstructions prevent work from commencing.
3.6 The Hirer must consider and is responsible for making suitable arrangements for access by people with disabilities and emergency services.
3.7 If on arrival to site the carry from point of parking to point of erection is found to be greater than 10 metres a surcharge may be applied.
3.8 Appropriate provision of parking must be supplied and all parking costs (if any), must be paid for by the Hirer in advance of the Company arriving on site.
Site variation charges schedule:
Non-direct access to campsite
$150.00 plus $30.00 per hour per staff member to walk in
Change of tent location
$100.00 per tent plus $30.00 per hour per staff member on site
Removal of obstruction in tent area
$250.00 plus $30.00 per hour per staff member on site
4.1 The Hirer agrees that the Booking will only be deemed accepted by the Owner upon receipt of the Deposit.
4.2 In the event of a cancellation of the Booking by the Hirer, the Deposit will be forfeited by the Hirer to the Owner as follows
(a)one hundred percent (100%) of the Deposit will be forfeited if the Booking is cancelled less than thirty (30) days prior to the Commencement Date;
(b)fifty percent (50%) of the Deposit will be forfeited if the Booking is cancelled more than thirty (30) days prior to the Commencement Date and the remainder of the Deposit will be refunded to the Hirer.
5.1 The Hirer agrees to pay the Total to the Owner by no later than fourteen (14) days prior to the Commencement Date, together with any applicable GST.
5.2 The Hirer acknowledges that the Owner will not deliver the Goods unless and until the Total has been paid and the relevant funds have cleared into the bank account nominated by the Owner.
5.3 The Hirer agrees to pay the other amounts set out on the Work Confirmation calculated in accordance with the price list and any duties, fees, outgoings, penalties, fines, demands, charges or costs imposed by any authority on or in connection with this agreement or the Hirer's hiring of the Goods.
5.4 Booking changes schedule are displayed below on the date you request change.
No changes can be made within fourteen (14) days prior to the commencement/ set up date.
Notice of changes are to be made in writing via email.
Changes to Booking
Permitted up until fourteen (14) days prior to commencement / install date see fee schedule below:
$25.00 per name fee applies
Permitted up until thirty (30) days prior to commencement / install date$40.00 fee applies + additional travel costs subject to location
Booking items change Incl. tents, beds & bedding
$25.00 fee applies in addition to hire costs as per current price schedule as of date of change.
Refer to current catalogue for changes to price schedule.
6.Responsibility for Goods
6.1 The Hirer is responsible for the Goods for the duration of the Rental Period and must reimburse the Owner the replacement cost for any Goods lost or damaged during the Rental Period, however such loss or damage may have been caused.
6.2 The Hirer is responsible for any and all expenses, losses, damages and/or claims incurred by the Owner arising from any negligence, omission, misuse or fault of the Hirer, its agents and any Guest.
6.3 If the Goods or any part thereof are returned damaged, unclean, defective or worn, except where due to fair wear and tear and/or an inherent defect in the Goods, the Owner will be entitled to charge the Hirer for the cost of any repair and/or cleaning required to return the Goods to a condition fit for rehiring of the Goods.
6.4 The Hirer is liable for the full replacement costs of any unrepairable or missing Goods.
7. Hirer's warranties
The Hirer warrants that
(a)the particulars on the Work Confirmation are correct;
(b)the Hirer will not breach any third-party rights by its use of, or in connection with, the Goods;
(c)in selecting the Goods, the Hirer has not in any way relied on the Owner's skill and judgment or on any representations made by or on behalf of the Owner and agrees that the Goods comply with their description, are in merchantable condition and are fit for the Hirer's purpose.
8. Hirer's obligations
The Hirer must
(a)keep the Goods in first class condition and only use them as they would be used by a careful and prudent owner;
(b)upon installation or delivery of the Goods immediately examine the Goods to satisfy itself as to its condition and suitability and fitness for the purpose to which it requires the Goods. In accepting these Terms and Conditions the Hirer acknowledges that it will duly examine the Goods satisfy itself accordingly.
(c)protect the Goods from theft, damage and/or other risks at all times;
(d)be responsible for the actions or omissions of any Guest, whether authorised by the Hirer or not;
(e)not use the Goods for any illegal purpose including but not limited to possession or consumption of prohibited substances;
(f)only use the Goods in a safe and reasonable manner;
(g)report any damage to, or loss of, the Goods to the Owner immediately such damage or loss occurs;
(h)keep any part of the Goods that is a framed structure or a tent completely closed and secure while not in use during the Rental Period;
(i)not tamper with the structure or any part of the equipment and in particular not affix or suspend from the equipment any item whatsoever without the prior written consent of the Owner;
(j)not use any lighting, heating, cooking or other gas or electrical appliances of any kind without the prior written consent of the Owner;
(k)be liable for any breach of this agreement committed by the Hirer's servants or agents;
(l)indemnify and hold harmless the Owner for any loss (including legal costs) incurred by the Hirer in relation to any breach of this agreement and for any liability arising out of any such breach;
(m)not remove the Goods or any part thereof from the situation and position of its installation without the prior written consent of the Owner;
9. Installation of Goods
9.1 Either the Hirer or its representative must be present during the installation. If neither party are present upon arrival, Avant-Garde Camping Co supervisor on site is to make judgement of location of tents.
9.2 Should the Hirer or its representative not be available during the installation then the Hirer waives their right to make changes to the installation without incurring additional installation charges.
9.3 In the event of adverse weather conditions including winds above 20km/h, the Owner reserves the right to either postpone or cancel the installation due to workplace health and safety concerns. The Owner shall under no circumstances be liable to The Hirer for any delay, defective or non-performance under this Agreement as a result of adverse weather conditions. In the event of adverse weather, the Owner reserves the right to determine whether installation shall continue, if the Owner determines that, for safety reasons, the installation shall not continue, this agreement will be terminated and the Hirer shall have no claim whatsoever against the Owner. The Owner is entitled to recover its reasonable costs incurred attempting to install the Goods under this clause.
9.4 The Hirer must ensure the Owner is provided with clear access to the site, free of any obstructions.
9.5 The Hirer is responsible for giving notice to or obtaining permits from any authorities who are or may be concerned and must make any applications necessary to the Planning Authority, District Surveyor, Police, Fire Brigade and any relevant authority or organisation. Any costs incurred in delays or modifications in the work arising from the absence or misrepresentation of all such necessary permissions and permits shall be payable to the Owner by the Hirer. Where appropriate obtain a licence from a Local Authority. Any requirements under the licence must be notified to us in writing, at least twenty-eight (28) days prior to the Commencement Date. Should the Owner for any reason be unable to comply with these requirements, then this Agreement will become void and the Hirer will be advised accordingly.
10. Collection of Goods
10.1 The Goods must be ready for collection by the Owner at the end of the Rental Period. All rubbish and personal property must be removed by the Hirer by the end of the Rental Period.
10.2 Should the Goods, in whole or in part, not be ready for collection at the end of the Rental Period, the Owner will be entitled to charge the Hirer an additional hire fee equal to one hundred percent of the total for each day of the Booking, for every additional day or part thereof that the Goods are retained by the Hirer. The Owner will also be entitled to charge the Hirer for any additional transportation costs incurred as a result of the Hirer's failure to arrange for the Goods to be ready for collection.
11.1 The Hirer will maintain at its own expense all appropriate policies of insurance (a) for theft and damage to the Goods hired in an amount not less than the full replacement cost of the Goods; (b) for liability, property and casualty insurance coverage in amounts necessary to fully protect the Owner and its Goods against all claims, loss or damage whatever.
11. Repossession and Inspection
11.1 The Hirer grants to the Owner a right of access to the Hire Address at all times to inspect, repair and/or examine the Goods and in case of breach of this agreement, to repossess the Goods.
11.2 The Owner may retake possession of the Goods if the Hirer breaches any provision of this agreement.
12. Exclusion of liability
12.1 The Hirer hereby releases the Owner from, and agrees to indemnify the Owner in respect of any third-party claims, action, suits, demands, costs and expenses for damage or injury to person or property arising directly or indirectly out of the hire or use of the Goods by the Hirer or any third party using the Goods during the Rental Period, or these Terms and Conditions.
12.2 The Owner will not be responsible for and the Hirer will indemnify the Owner against any and all claims for the injury to persons or loss or damage to property howsoever caused unless it is proved that such injury or damage caused by faulty material or workmanship or negligence on the part of the Owner.
12.3 The Owner takes no responsibility for the actions of any third-party providers who may operate alongside the Owner from time to time. The Hirer participates in activities and events run by third party providers at its own risk and the Owner will not be responsible for any loss or damage caused in connection with any third-party provider or activity run by a third-party provider.
13. Security Deposit
13.1 The Hirer agrees to provide the Owner with a security deposit of $500.00 per tent or credit card details to be served as a security to fulfil any of the Hirer's obligations under this agreement. For that purpose, the Hirer authorises the Owner to charge the credit card used to place this booking for any damages caused to the Owner by the Hirer breaches any part of this agreement.
14. Force Majeure
14.1 While every effort will be made by the Owner to carry out any Booking accepted, the full performance of a Booking is subject to variation or cancellation by the Owner consequent upon Act of God, War, Strikes, Riots, Lockouts or any other disturbances. Fire, Flood, Storm, Gale or Tempest restrictions on the use of Transport, Fuel or Power. Requisitioning Storage of material or transport or labour or any other cause beyond the control of the Owner.
In the unfortunate event that we have to cancel your camping event due to Force Majeure, including high winds that make it impossible to set the Equipment erected or heavy rain making the ground too wet to make the Equipment safe we will offer you a different date with the same package, number of guests, Equipment and location. We have no control over the weather and we will always assess the situation for the safety of our customers and will always do our best to help find an alternative campsite, however we are not obliged to offer you a refund in part or full for your stay. Please ensure you have travel insurance to cover this eventuality.
15.1 Smoking is strictly prohibited in any and all tent or similar structures associated with or incorporated into the Goods.
16. Tea Lights and Candles
16.1 Use of tea lights, candles or open flames of any type is strictly prohibited in and around any and all tent or similar structures associated with or incorporated into the Goods.
17. Title to Goods
The Hirer acknowledges that the Owner retains title to the Goods and that the Hirer has rights to possess the Goods as a mere bailee only. The Hirer does not have any right to pledge the Owner's credit in connection with the Goods and agrees not to do so. The Hirer also agrees not to agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage let on hire or otherwise part with or attempt to part with the personal possession session of or otherwise deal with the Goods and not to conceal or alter the Goods or make any addition or alteration to, or repair of, the Goods.
18. No waiver
Time is of the essence of this agreement, except that no delay by the Owner in exercising any right or power will operate as a waiver of that right or power. Nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
19. Governing law
This agreement will be governed by the law of New South Wales.