
Motorhome Rental Terms and Conditions
Valid from 01 August 2023
The rental agreement (“agreement”) includes the following terms and “you” (being the hirer, all authorised drivers, and the cardholder) agree to the following terms:
1. Consumer Rights Statement
All Hirers rights set out in this Agreement are in addition to the Hirer’s rights as a consumer pursuant to applicable consumer protection laws, including the Australian and New Zealand Consumer Law. Such rights are not excluded, restricted or modified by the operation of this Agreement. The Hirer may find out more about the Hirer’s rights from consumer organisations and bodies for both countries.
2. Definitions
In this Agreement, unless the context clearly indicates otherwise:
‘Agreement’ means any Confirmation and/or the Rental Agreement;
‘Bond’ means the amount paid by the Hirer on pick-up of the Vehicle to cover any liability or other amounts owed by the Hirer under this Agreement;
‘Collection Point’ means the collection point for the Vehicle specified in the Confirmation and/or Rental Agreement;
‘Confirmation’ means the confirmation of the Hirer’s booking from Star RV confirming Vehicle type, Fee, Bond, Term of Hire, Start Date, Return Date, Collection Point and Return Location;
‘Excess Reduction Cover’ means the excess reduction cover described in clause 9, which only applies if it is specified in the Rental Agreement;
‘Fee’ daily rental costs and any additional fees as agreed. Star RV charges all fees in AUD for Australia Rentals and NZD for New Zealand Rentals;
‘Hirer’ means the person or persons nominated as the customer/hirer/ Authorised Driver and any person whose credit card is presented for payment of the Hirer’s charges;
‘Star RV’ means Star RV Australia Fleet Pty Limited (Australia) and Star RV New Zealand Fleet Pty Limited (New Zealand)
‘Rental Agreement’ means the document entitled Rental Agreement, which has been signed for and on behalf of the Hirer and the Terms and Conditions;
‘Return Location’ in respect of the Vehicle, means the return location specified in the Confirmation and/or Rental Agreement;
‘Terms and Conditions’ means the terms and conditions set out in this document; and
‘Vehicle’ means the Vehicle hired by the Hirer and includes tyres, tools, accessories, and all other equipment, documents or additional hire items related to the Vehicle and any replacement or substitute Vehicle that may be provided.
3. Rental Duration
- The term of hire (‘Term of Hire’) in respect of the Vehicle shall commence at the time and date specified in the Rental Agreement (‘Start Date’) and cease at the time and date specified in the Rental Agreement (‘Return Date’). Motorhome charges are calculated on a calendar day basis. When calculating the number of days the Vehicle is rented, the Start Date is counted as day one of the rental, regardless of pick-up time. The Return Date is counted as the final day of the rental regardless of drop-off time.
- Minimum rental periods are subject to change, and any such change will be notified to the Hirer prior to Confirmation. Once the Hirer has received a Confirmation, Star RV may not alter the minimum rental period for that booking.
4. Rates, Amendments and Cancellation Conditions
- This Agreement and the rates and conditions quoted in our website, brochures and/or documentation are subject to change without notice. However (subject to changes in legislation or systemgenerated errors) Star RV will not alter this Agreement or the rates or conditions applicable to the Hirer’s rental once the Hirer has received Confirmation unless the booking is amended at the Hirer’s request.
- All amendments to a booking are subject to availability and approval by Star RV. If a reservation, Return Location, category or Vehicle type, Collection Point, Start Date or Return Date is amended before collection by the Hirer, the applicable rate for the Vehicle may, at the absolute discretion of Star RV, be re-calculated to the new rate applicable, at the time of the amendment; the Hirer will be advised of any change in the rate at the time. Rate recalculations are based on the rate at the time of reservation or the new rate at the time of amendment.
- Subject to clause 4(e), if the Hirer requests to voluntarily downgrade their Vehicle type from the reserved category of Vehicle, the Hirer will not be entitled to any refund from Star RV.
- All changes to a booking, including extensions to the Return Date, are subject to availability and approval by Star RV and must be requested through Star RV’s reservations team at least 48 hours prior to the Return Date or any agreed extension thereof. In the event of any unauthorised extension to the Return Date, the Hirer shall pay the current daily rental rate for each day until the Vehicle is returned and an additional late return fee of such amount Star RV nominates as its reasonable costs in connection with such unauthorised extension being not more than $500. In the event of any unauthorised change to the Return Location, the Hirer shall pay a relocation fee as determined by Star RV acting reasonably but in any event not over $500.
- A 20% deposit is required at the time of booking and/or following any amendment to receive a Confirmation.
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CANCELLATION POLICY:
- If the booking is cancelled 22 days (or more) before the pickup date, then you will receive a full refund of the deposit or any amount paid (not including any credit card administration fee).
- If the booking is cancelled between 1 – 21 days before the pickup date, 20% of the booking value is chargeable as a cancellation fee, and the remainder of hire fees (if paid) will be refunded, less any credit card fees.
- If the booking is cancelled within 24 hours of departure or the hirer does not collect the vehicle from the Star RV branch, 100% of the booking value is chargeable.
- If you change the pick-up date within the cancellation time frames in (i) and (ii) above and then you cancel the amended booking, the original cancellation fee will apply.
5. Persons Who May Drive the Vehicle
- The Vehicle may be hired and driven during the Term of Hire only by the persons specified as authorised drivers in the Rental Agreement, and only if they hold a valid driver’s licence, which must be presented to Star RV at the time of collection of the Vehicle (‘Authorised Driver’). Only persons 21 years and over may be an Authorised Driver in respect of a Vehicle.
- If the licence of an Authorised Driver is not printed in English it must be accompanied by an accredited English translation (translated in the country of hire) which is to be provided to Star RV. Please note that a licence classified as, or comparable to a Green P licence, or NZ restricted Driver’s license will be accepted, however, the Authorised Driver agrees to be bound by any restrictions or conditions imposed on or in connection with that licence and is aware that any Excess Reduction Cover may be voided, and this Agreement may be terminated if such restrictions or conditions are not adhered to.
- Once the Vehicle has been collected, if any additional persons wish to drive it, they must call into a Star RV branch to get Star RV’s prior approval, and they must comply with clauses (a) and (b) above.
6. Hirer’s Obligations
- The Hirer acknowledges having received the Vehicle in a clean condition, with a full fuel tank and a full bottle of gas (if applicable). The Hirer will return the Vehicle in a clean condition with a full fuel tank and a full bottle of gas (if applicable, and subject to any prepurchase fuel and/or pre-purchase gas option being taken), on the Return Date at the time and the Return Point set out in the Rental Agreement.
- The Hirer must ensure that all reasonable care is taken in handling and parking the Vehicle and that it is left securely locked when not in use. You are liable to Star RV for any loss of or damage to the vehicle (including spare parts and accessories) arising during the hire, excluding fair wear and tear. You are also responsible for any consequential damage or loss or costs, including salvage costs, loss of ability to re-hire and loss of revenue and any loss of, or damage to vehicle and property of third parties arising during the hire
- The Hirer must ensure that the recommended levels are maintained with respect to the water in the radiator and battery, the oil and the tyre pressures of the Vehicle
- Smoking and/or animals (excluding registered guide or assistance dogs and pet dogs in vehicles approved by Star RV) are not permitted in the Vehicle at any time. If this condition is breached, the Hirer must pay Star RV a cleaning fee determined by Star RV in its reasonable opinion and not more than $299.
- The Hirer must ensure that all Authorised Drivers comply with, and all Authorised Drivers shall be bound by, these terms and conditions and all Authorised Drivers must carry their driver’s licence with them when driving the Vehicle.
- In the event of any new damage to the Vehicle, the Hirer must notify Star RV of the full circumstances of the damage as soon as practicable (being not more than 48 hours) from the time the Hirer knows of the damage.
- If the warning light is illuminated or if you think the vehicle needs mechanical attention, you must stop driving and contact Star RV immediately. If there is an equipment defect or mechanical failure of the Vehicle during the Term of Hire, the Hirer must notify Star RV as soon as practicable, and in any event, within 48 hours, from the time the Hirer knows of the defect or failure to allow Star RV to rectify the problem during the Term of Hire. Star RV does not accept liability for any claims submitted after this period.
- The Hirer must ensure that a copy of this Agreement is kept in the Vehicle throughout the Term of Hire and produced without delay for inspection on demand by an enforcement officer
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The Hirer shall not:
- drive or use the Vehicle (or permit the Vehicle to be driven or used) otherwise than prudently and cautiously. For the purposes of these terms and conditions, a single Vehicle rollover shall be considered a breach of this clause 6(i) unless the Stress Free Plus excess reduction has been taken out;
- Use or permit the Vehicle to be used for the carriage of passengers for hire or reward, unless Star RV has given its prior written consent;
- Sublet or hire the Vehicle to any other person;
- Permit the Vehicle to be operated outside the Hirer’s authority;
- Operate the Vehicle, or permit it to be operated in any race, speed test, rally or contest;
- Operate the Vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of passengers or more than the weight of goods specified in the certificate of loading for the Vehicle;
- Drive or permit the Vehicle to be driven by any other person that is not the holder of a current driver’s licence appropriate for the Vehicle; or
- Use the Vehicle for the purpose of a courier or delivery service;
- in any “off-road” conditions or surface likely to damage the vehicle, including fire trails, beaches, sand, tracks, fields or paddocks. In New Zealand, specific roads that are prohibited include: Skippers Road (Queenstown), The Crown Range Road/Cardrona Valley Road (between Arrow Junction to Cardrona), Ninety Mile Beach (Northland), Wanaka – Mt Aspiring Road beyond exit to Treble Cone, The Forgotten Highway (State Highway 43 from Taumarunui to Stratford), and North of Colville and Waikawau Township (Coromandel Peninsula).
- Star RV values the well-being of the Hirer and the occupants of the Vehicle and, for safety purposes, Star RV reserves the right, at its sole discretion, to restrict Vehicle movements in certain areas due to adverse road or weather conditions and the distance to nominated destinations in relation to the length of the hire period. Star RV will advise you on the pick up of any travel restrictions known at that time.
- The Hirer must ensure that snow chains are fitted correctly, so as not to cause damage to the Vehicle, person, or property, when required due to the road conditions during the winter season (June-October) or on roads as advised by the relevant local Roads and Transport Authority or the relevant ski resort. In Australia, it is a legal requirement that all vehicles travelling The Great Alpine Road and entering Mt Hotham Alpine Resort must carry Diamond Pattern chains at all times during the declared snow season and must be fitted where directed. In accordance with State Law the Hirer can be fined for not carrying and fitting chains as directed. In New Zealand, correct snow chains must be used while driving vehicles in snow conditions
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The hirer must return the vehicle:
- clean (with any toilet cassette and grey water tank emptied);
- with a full tank of fuel and a full gas canister (if one was supplied with the vehicle).
7. Payment by Hirer
- Prior to collection of the Vehicle, the Hirer must pay Star RV in full fees (‘Fees’), excess amount/bond (‘Bond’) and any other amounts specified in the Rental Agreement and present a credit card or debit card in the Hirer’s name that is acceptable to Star RV for payment of such amounts. Subject to the terms and conditions of this Agreement, the Hirer agrees to pay any additional fees and costs that are incurred by the Hirer or are payable by Star RV in connection with the hire of the Vehicle by the Hirer, including parking charges and fines, toll road charges and fines, camping charges and fines, speeding and other traffic offence fines, late return fees, relocation fees, and cleaning fees. In addition, the Hirer authorises Star RV to debit the Hirer’s credit card for those additional costs which become apparent following the Term of Hire.
- The Hirer must pay for all petrol or diesel (but not oil) used in the Vehicle during the Term of Hire, except where the Hirer has paid a prepurchased fuel option.
- The following credit cards or debit cards will be accepted: Visa, MasterCard, Union Pay International & American Express. Administration surcharges will apply as per Australian and New Zealand law.
- Some banks and credit card providers may impose fees for certain transactions, including currency conversion fees. Any fees and other charges which may be charged to the Hirer or the Hirer’s bank, or credit card provider will be the Hirer’s sole responsibility and, for the avoidance of doubt, are not included in any rate or sum provided by Star RV.
- The Hirer accepts the risk of any currency exchange rate fluctuations (including in relation to refunds and return of Bonds) and accepts that Star RV has no control over any currency conversion rates or fees.
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If a credit card is presented as payment, the credit card holder is
jointly and severally liable as a Hirer. The Hirer agrees that:
- Star RV shall be entitled to retain the Hirer’s credit card details in accordance with the Payment Card Industry – Data Security Standard and to take any action to recover from the Hirer’s credit card all amounts due by the Hirer pursuant to this Agreement, including any amounts due in respect of damage to the Vehicle or property of a third party and all other additional charges as set out in this Agreement and as listed in clauses 3, 7, 12, 14, 15, 16, 17 and 18; and
- Star RV may process credit card charges relating to the Rental Agreement up to 6 months after the Term of Hire
- If You are using a debit card for hire, Star RV will hold a $300 security bond on Your debit card for infringements, tolls, and other additional hire costs (even if You have Stress Free and Stress Free Plus cover).
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Tolls: If You travel on a toll road and incur any tolls, Star RV will charge tolls and service fees to Your nominated credit or debit card. You will also be charged a service fee of $3.45 for each toll notice Your vehicle incurs. Tolls and Fees means
- toll charges;
- Other fees and charges, including administration fees.
8. Hirer’s Liability
- If multiple persons are described as the Hirer in the Rental Agreement, each person is jointly and severally responsible for all fees, charges, and other obligations pursuant to this Agreement.
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Subject to clause 8(e), the Hirer is liable to Star RV for and indemnifies
Star RV against:
- any loss of, or damage to, the Vehicle(including any accessories);
- any consequential damage, loss or costs incurred by Star RV, including salvage costs, loss of ability to re-hire and loss of revenue; and
- any loss of, or damage to, Vehicles and property of third parties, arising from the use or misuse of the Vehicle by the Hirer, any Authorised Drivers, person whom the Hirer permits or allows to drive the Vehicle, invitee of the Hirer or passengers in the Vehicle during the Term of Hire, to the extent that such loss, damage or costs have been caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, provided that the Hirer’s liability may be reduced to the amount of the relevant Excess Reduction Cover payable in respect of an incident subject to the terms and conditions of this Agreement.
- Subject to clause 8(e), the Hirer agrees to release and indemnify Star RV from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, any reckless or negligent act, error or omission of the Hirer, any Authorised Driver, invitee of the Hirer or passenger in the Vehicle or any misuse of the Vehicle by the Hirer during the Term of Hire.
- Notwithstanding any provision in this Agreement to the contrary, the Hirer is not liable to Star RV for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract).
- This clause 8 will survive termination of this Agreement.
9. Excess Reduction Options
The Hirer may nominate the Stress Free Plus, Stress Free, or Risk Taker options for Excess Reduction Cover of the Vehicle. The Bond payable in respect of the Vehicle or any incident shall be in accordance with the Excess Reduction Cover package option selected by the Hirer at the time of renting and specified in the Rental Agreement, being either of the “Stress Free Plus”, “Stress Free” or “Risk Taker” options, and the excess applicable to such option will apply together with the appropriate rate of payment for such option.
Subject to the exclusions in clause (11) below, Your “Excess” (the amount You must contribute towards the cost or repair of the vehicle) if the vehicle is involved in an accident or is damaged while on hire is:
Risk Taker Excess/Bond | Stress Free Excess/Bond | Stress Free PLUS Excess/Bond |
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$7500 | $0 | $0 |
STAR RV STRONGLY RECOMMENDS THAT OUR HIRER TAKE THE STRESS-FREE PLUS EXCESS REDUCTION OPTION TO TRAVEL WITH COMPLETE PEACE OF MIND.
10. Excess Reduction Cover
All Excess Reduction Options are subject to the provisions and exclusions set out below:
- The Hirer may purchase and pay the daily rental rate for one of the Excess Reduction Options to reduce the Standard Excess payable by the Hirer under Star RV’s cover (‘Excess Reduction Cover’)
- Subject to clause 11, the Hirer’s liability is covered by the relevant Excess Reduction Cover selected up to a maximum of $2,000,000.
- The Hirer’s liability for damage applies to each separate accident, incident or new damage, not each rental.
- This clause 10 does not apply if the Hirer rejects the Excess Reduction Cover. If the Hirer elects not to use Excess Reduction Cover, the excess payable by the Hirer is the Standard (Risk Taker) Excess as per the Rental Agreement. It is payable for each and every event involving the Vehicle.
11. Excess Reduction Exclusions
Excess Reduction Cover does not apply in the following events or in respect of the following fees, damages, expenses and/or costs, and the Hirer will be fully liable for all fees, damages, expenses and/or costs as specified and/ or which are associated with the relevant event:
- The driver of the Vehicle is under the influence of alcohol or any drug that affects their ability to drive the Vehicle
- The Vehicle is in an unsafe or un-roadworthy condition that arose during the Term of Hire, and such condition has caused or contributed to the damage or loss, and the Hirer or driver of the Vehicle was aware or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle. c) The Vehicle is driven by any person not identified as an Authorised Driver in the Rental Agreement.
- The Vehicle is damaged as a result of submersion in water, including as a result of crossing creeks, rivers, flooded fords, salt water or on beaches, driving through low plain flooded areas or if there was a reasonably foreseeable risk of the Vehicle’s submersion in water (for example, while parked in a below ground parking garage).
- The Vehicle is used in any off-road conditions, including on any unsealed road (being a road not sealed with a hard material such as tar, bitumen, or concrete). Off-road conditions include fire trails, beaches, sand, tracks, fields, or paddocks. The only exception is the reasonable use of access roads to recognised commercial campgrounds less than 12 kilometers in length.
- The Vehicle is driven when a warning light appears or when the coolant temperature gauge enters a red zone (High).
- The use of snow chains on the Vehicle where such roof racks or snow chains have not been hired through Star RV.
- The Vehicle, including its accessories and spare parts, is damaged due to incorrect fitting or use of snow chains or ski/snowboard racks, roof racks or bicycle racks.
- The Vehicle is driven on a road or ski resort access road without snow chains when snow chains are required to be fitted by the relevant local Roads and Transport Authority or the relevant ski resort
- The costs to replace keys which have been lost, broken or damaged, the cost of retrieval of keys which have been locked inside a Vehicle
- All costs as a result of breakages, loss, theft or defacement of the Vehicle’s interior caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle.
- RISK-TAKER Excess Reduction Cover does not cover any theft or attempted theft of the Vehicle or its contents resulting in damage where reasonable precautions were not taken to protect against that theft or attempted theft.
- An additional Damage Administration fee of $75 will be applied for processing damage claims for Hirers who have chosen Risk Taker Excess Reduction. This fee applies to all Risk Taker damage claims regardless of fault and/or if the Hirer has separately made their own travel Insurance arrangements.
- All damage and costs caused by or in connection with reckless conduct or willful misconduct of the Hirer or an Authorised Driver or any invitee of the Hirer or passenger in the Vehicle. For example, Excess Reduction Cover does not apply in connection with any incidents involving sitting or standing on the bonnet, boot or roof of the Vehicle or propelling an object from the Vehicle.
- If the Vehicle is willfully or recklessly damaged or is lost as the result of the willful or reckless actions of the Hirer or an Authorised Driver or any invitee of the Hirer or passenger in the Vehicle (Note: Willful or reckless damage includes any punctures or damage to tyres or rims caused by or contributed to by the Hirer, any Authorised Driver, any person the Hirer permits or allows to drive the Vehicle, any invitee of the Hirer or any passenger in the Vehicle, burning out a clutch and any damage arising from using the Vehicle to propel any other vehicle).
- Except where Star RV is in breach of this Agreement, the costs relating to the delivery of a replacement Vehicle required as a result of any of the exclusions listed in this clause 11.
- Any costs associated with the incorrect use of fuel or the use of: (a) fuel (fuel being diesel or petrol); (b) the use of Bio-Diesel which should not be used; or (c) water; or (d) other contamination of fuel or water of the Vehicle.
- The cost to retrieve or recover a Vehicle back to road level, which may include, but is not limited to a Vehicle that has become bogged, submerged, caught, trapped, stuck or restricted in any way.
- If the Vehicle is involved in a single-vehicle rollover or the roof of the Vehicle is damaged as a result of any single-vehicle incident or accident, unless the Hirer has taken Stress Free Plus excess reduction, the Hirer must pay Star RV and is responsible to Star RV for all costs and damages arising in respect of such rollover, incident or accident. The Hirer’s liability under this clause is limited to $7,500 except where they have contravened any of the other exclusions in this clause (11), in which case the Hirer is responsible for all costs and damages incurred. For the purposes of these terms and conditions, a single vehicle “rollover” includes any incident or accident where the Vehicle has rolled, tipped (one or more wheels have left the ground) or fallen over without colliding with another vehicle, and this has caused damage to the Vehicle, including to the roof and/or sides of the Vehicle.
- The Vehicle is operated in any race, speed test, rally or contest or the Vehicle is used for the purpose of reward (for example, as a taxi or courier vehicle).
- The Vehicle is driven by any person who at the time when that person drives the Vehicle is disqualified from holding or has never held a driver’s licence appropriate for that Vehicle, or such person is not legally entitled to drive the Vehicle in Australia and New Zealand.
- The Vehicle is operated outside the Term of Hire or any agreed extension of that term.
- If a driver of the Vehicle is convicted of any driving offence under Australian law where the Vehicle, property or any other vehicle is damaged in circumstances which are illegal in Australia and New Zealand.
- If the Vehicle is loaded or is being loaded in excess of the manufacturer’s specifications
- Damage to the awning is not covered by any excess reduction. You will be liable for the repair or replacement cost of up to $1500.
12. Bond
- If the RISK-TAKER Excess Reduction Cover has been chosen, the excess/ Bond is payable by credit card only. Please note the relevant amount will be debited from the Hirer’s credit card immediately. Subject to (b) below, the Bond is fully refundable provided the Vehicle is returned on time on the Return Date and to the Return Point, undamaged with a clean interior and full fuel tank. For dispute resolution in respect of Bonds, please refer to clause 22 of this Agreement.
- The Hirer authorises Star RV to deduct from the Bond any amounts due by the Hirer to Star RV arising as a result of this Agreement, including the amount of any damage, the charges as set out in this Agreement and as listed in clauses 3,7,12,14,15,16,17 and 18. Star RV will give the Hirer notice, by contacting them at the email address specified in the Rental Agreement, of the deduction of such amounts.
- Star RV reserves the right to retain all or part of the excess/Bond for such period as Star RV may determine (acting reasonably) after the Term of Hire to cover the cost of un-notified damage, infringements, or damage to third parties or their property. Once Star RV processes a refund, it can take five to thirty business days for the funds to become available from the card issuer.
- In the event of a claim, to allow Star RV and/or its insurer to determine who is at fault, the relevant excess amount may be retained by Star RV irrespective of who is at fault, and such amount must be paid to Star RV at the time the accident report is completed and not at the expiry of the Term of Hire. The excess will be refunded only if Star RV is successful in recovering the complete cost of the damages from the third party. If Star RV is not successful in recovering the complete cost of the damages from the third party, then Str RV may retain all or part of the excess/ Bond being in respect of such amount of damages that Star RV was not able to recover from the third party provided that Star RV shall not be entitled to retain any amounts to the extent that any damages have been caused by or contributed to by a breach of this agreement or the negligent act, error or omission of Star RV or any of its officers, employees or agents. The Hirer acknowledges that thirdparty claims can take many months to resolve.
- In the event of a replacement Vehicle being dispatched due to an accident, the applicable excess/Bond will be twice that of the excess/ Bond for the original Vehicle.
- In the event that a replacement Vehicle is given due to an accident, any Excess Reduction Cover taken is not transferable to the replacement Vehicle.
- For the purposes of this clause 12, ‘damage’ includes any and all damage to third-party property (Including Vehicle(s), damage to the Vehicle including tyres and windscreens, towing and recovery costs, theft, fire, break-in or vandalism costs and the cost of the daily rental rate for the Vehicle for the period the Vehicle is unavailable for hire by Star RV due to repair.
- Where the Vehicle has been returned during or outside office hours and has undiscovered damage to the windscreen or body that has not been reported or is not covered by the Hirer’s chosen excess reduction cover, the Hirer will be charged and contacted, summarizing the cost of repairs.
- If You are using a debit card for the hire and have Stress Free or Stress Free Plus, Star RV will hold a $300 security bond on Your debit card for infringements, tolls, and other additional hire costs.
13. Star RV’s Liability and Obligations
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Star RV shall hire the Vehicle and supply any services under this
Agreement:
- on the terms and conditions expressly set out in this Agreement, and
- subject to non-excludable rights under consumer protection laws. No other terms or rights apply.
- Except as set out in the paragraphs below, Star RV accepts its liability to you for breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws.
- As the hire of the Vehicle and any services Star RV may provide pursuant to this Agreement is provided to the Hirer for the primary purpose of personal, domestic, or household use, Star RV does not accept liability to the Hirer for losses that result from the use of the Vehicle or any of Star RV’s services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, Star RV limits its liability to resupplying, repairing, or replacing the Vehicle or services (or payment of the cost of resupply, repair or replacement) where it is fair and reasonable to do so.
- Star RV is not liable for any loss to the extent that it is caused by the Hirer (for example, through the Hirer’s negligence or breach of contract).
- Star RV is not liable for any loss to the extent that it results from the Hirer’s failure to take reasonable steps to avoid or minimise the Hirer’s loss.
- Star RV is not liable for any loss caused by Star RV failing to comply with its obligations in relation to the hire of the Vehicle or provision of any services where such loss is caused by events outside its reasonable control (such as a failure in equipment that is not owned or operated by us, an industrial strike, or an act of God).
- The liability Star RV accepts to the Hirer under clause 13 includes liability for our agents according to the principles of vicarious liability at common law.
- This clause 13 will survive termination of this Agreement.
- Star RV shall make the Vehicle available to hire by the Hirer at the nominated time on the Start Date at the Collection Point in a safe and roadworthy condition.
- Star RV shall provide all booking agents with updated terms and conditions and Vehicle specifications. Any discrepancies regarding the terms and conditions and/or Vehicle category must be addressed via the original booking agent.
14. Additional Hire Costs
- Other additional fees may apply to your hire, such as for Additional Drivers, One-Way Fees, After Hours pick-ups or drop-offs, and Premium Location Fees, and if they apply, they will be listed in the Agreement. Child seats, roof racks, and snow chains (Snow chains are available in NZ only) can be requested at the time of reservation (these are subject to availability on the Start Date).
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Vehicles must be returned to the branches, not the airport terminal
car parks. The Vehicle also remains the responsibility of the Hirer until
Star RV takes back possession of the Vehicle during standard
operational hours. Star RV encourages the Hirer to drop off the
Vehicles at our branches during business hours to avoid mishaps.
Should they need to drop off After Hours, please be advised that this
will need prior approval from Star RV’s Reservations and Branch
Teams. If Star RV’s team approves, the Hirer will have to
- Fill up with the correct fuel to the same level as when you picked up the vehicle and leave a fuel receipt at the front, on the dashboard
- Remove all your items from the vehicle and leave the vehicle tidy
- Return the key to the key drop box located outside the branch and make your own way to the airport. Note: The hirer will be fully responsible for any damage to the vehicles or parking fees incurred if dropping off After Hours. The damage won’t get covered under any excess reduction covers.
- All rentals picking up or dropping off on public holidays will incur an additional $100 surcharge
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Additional charges include:
Additional Charges Reason Amount 1. Refuelling Fee Returning vehicle not full of fuel or with full gas bottle $30 admin fee + amount refuelled $30 admin fee + amount refuelled 2. Cleaning Fee Vehicle is returned dirty OR evidence of smoking or animals in vehicle OR grey water or toilet cassette not emptied Up to $299 general cleaning fee and up to $500 cleaning fee to empty grey water/toilet 3. Unauthorised Drop Off Fee Vehicle is not returned to the location listed on the Agreement Up to $500 retrieval fee 4. Claims/Damage Admin Fee Processing paperwork for a claims or damage incident $75 payable immediately where Risk Taker excess reduction cover has been taken 5. Infringement Admin Fee Processing an infringement into Your name for traffic or speeding fines, freedom camping fines or local authority infringements received during hire $60 per infringement 6. Premium Location Fee Premium location fee for customer centre pick up site As listed on Agreement 7. Additional Drivers Adding an additional driver to the Hirer’s Agreement As listed on Agreement or our website 8. One-Way Fees When hiring a vehicle and returning it to a different Star RV location As listed on Agreement 9. Additional Products Child/booster seats, roof racks, snow chains, picnic tables and chairs – all subject to availability. Replacement costs if they are damaged or lost. As listed on Agreement and + replacement cost if they are damaged or lost 10. AA/RACQ Call Out Fee For any non-mechanical breakdown (e.g. refuelling, incorrect filling of fuel or water in the vehicle, jump starts, tyre related incidents, salvage, lost keys and keys locked in the vehicle) Actual AA/RACQ fee charged to the hirer 11. Late Return Fee Vehicle is returned after the date and time listed in the Agreement Daily rental rate until the vehicle is returned + actual costs and losses suffered by Star RV in relation to the failure to return the vehicle on time. 12. Damage/Repair Costs Vehicle or third-party property is damaged during hire where not excess reduction option applies Actual damage or repair costs to the vehicle or third-party property and the daily rental rate of the vehicle while the vehicle is unavailable for hire by Star RV due to repair 13. Public Holiday Surcharge Premium to be able to pick-up on public holidays and observed days $100 per pick-up and drop-off 14. Public Holiday Surcharge Levy based on distance travelled for diesel vehicles on New Zealand roads. Calculated and charged after the vehicle is returned based on current NZTA rates. For your guidance, as of December 2022, they were $0.082 per kilometre
15. Infringement Fees
- The Hirer is liable for all infringement notices received in respect of offences committed during the Term of Hire, including in connection with any fines or charges for traffic offences and speeding offences, any failure to comply with directions given by a traffic signal, any parking offences and freedom camping offences.
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In the event that Star RV receives notice of an infringement and/or
fine, Star RV may (in its absolute discretion) itself, or Star RV may
engage a subcontractor to, either:
- transfer that infringement and/or fine into the Hirer’s name and charge the Hirer an administration fee for each infringement incurred of $60 for costs associated with the process; or
- debit the Hirer’s credit card for the amount of the infringement and/ or fine and charge the Hirer an administration fee for each infringement or fine processed at a rate of $60 per infringement or fine being in respect of costs associated with the process.
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The Hirer is hereby notified that, if Star RV (itself or by its appointed
subcontractor) proposes to debit the Hirer’s credit card for an
infringement and/or fine:
- Star RV will send (or have sent) to the Hirer, including by email to the address set out in the Rental Agreement, a copy of the relevant infringement or fine notice and any reminder notice as soon as practicable after it is received by Star RV;
- the Hirer may have the right to challenge, query or object to the alleged offence to the authority that issues the infringement notice or a court (details of the relevant process should be provided on any infringement notice or fine);
- The Hirer may have the right to seek a court hearing (within such as specified on the notice of infringement or fine); and
- the Hirer has the right to dispute the matter with the credit card issuer.
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TOLLS: If you travel on a toll road and incur any tolls, Star RV will charge any tolls and fees to your nominated debit/credit card. You will also be charged a service fee of $3.45 each time your vehicle incurs a toll. Tolls and Fees means:
- toll charges;
- other fees and charges, including Video Matching Fees, (in each case exclusive of GST) imposed by the operator of a toll road for or relating to, or taxes payable in respect of, each Trip taken by a Vehicle; the hirer is prohibited from using their personal Toll tag or Account for toll charges.
16. Mechanical Repairs, Accidents and Equipment Failure
- If there is an equipment defect or mechanical failure of the Vehicle during the Term of Hire, the Hirer must notify Star RV as soon as practicable and in any event within 24 hours from the time the Hirer has knowledge of the defect or failure to give Star RV the opportunity to rectify the problem during the Term of Hire.
- The Hirer may contact Star RV by telephone TollFree at 1800 875 018 (Australia) or 0800 500 078 (New Zealand), or +6496000805 (International). You may have to pay an international calling fee if You are calling from an international number
- Star RV reserves the right not to accept liability for any claims submitted after the period specified in clause 16(a) unless the Hirer is able to give a reasonable excuse (at the absolute discretion of Star RV) as to the failure to provide notice within such a period.
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Australia hires: All vehicles are registered with the RACQ for 24-hour roadside assistance on 13 1111. This service covers all Mechanical and Non-Mechanical breakdowns. All Mechanical breakdowns are covered by Star RV’s relevant Roadside Assistance program and include the following:
- Engine Faults, Electrical Faults, Cooling system, and Vehicle recovery
- All Non-Mechanical breakdowns are subject to the relevant callout fees being charged by RACQ or any other third-party supplier and are not covered by Stress Free Plus or Stress Free Excess Reduction Cover; an administration fee may also be applied by Star RV. This includes but is not limited to the following:
- Out of fuel/incorrect fuelling of the Vehicle Wheels and tyres
- Keys being lost, broken or locked inside the vehicle Flatt batteries
- A breakdown as a result of damage caused in an accident, including salvage.
New Zealand hires: 24-hour roadside assistance is also provided by AA on 0800 500 222. This service is free for all mechanical faults, but fees and charges apply for all other non-mechanical breakdowns, faults or driverinduced errors. For nonmechanical breakdowns, You must pay the fees directly to AA or Star RV.
- The Hirer must ensure that no persons interfere with the distance recorder or speedometer, or (except in an emergency) any part of the engine, transmission, braking and/or suspension systems of the Vehicle.)
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In the event of any accident or incident involving the Vehicle, the Hirer
must:
- notify Star RV of the full circumstances as soon as practicable and in any event within 24 hours from the time of the accident or incident;
- notify the appropriate Australian Emergency Services (Police, Ambulance, Fire) by calling ‘000’ and NZ Emergency Services by calling ‘111’ if the accident or incident involves an injury;
- or if the Police did not attend, call the closest Police station to report the incident and get a copy of the Police report;
- record full details of all parties, witnesses to, and Vehicles involved in, the accident or incident. If Star RV cannot contact the third party with the contact information provided by You, You will be deemed responsible and liable for all costs incurred;
- prepare a written statement of the facts signed by all parties; and
- obtain a copy of any relevant Police report.
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In the event of an accident or incident involving the Vehicle, the Hirer
must not:
- make any admission of liability; or
- arrange or undertake any repairs or salvage without Star RV’s prior authority except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle and/or to other property.
- The availability of a replacement Vehicle is not guaranteed and is subject to availability, Hirer’s location, accident liability and remaining hire duration.
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Additional Hirer charges may be incurred, including as follows:
- if a replacement Vehicle is required as a result of an accident, the Hirer is responsible for making their own way to the relevant Star RV branch or pickup location;
- the Hirer is responsible for the cost of transporting the Hirer and any accompanying passengers away from the accident location;
- Provided Star RV has complied with clause 16(a), the Hirer must pay for any costs relating to delivery of a replacement Vehicle required as a result of any of the exclusions listed in clause 11. These costs apply irrespective of any Excess Reduction Cover applicable to this Agreement.
- In the event that a replacement Vehicle is given due to an accident, any Excess Reduction Cover is not transferable to the replacement Vehicle.
- No replacement Vehicle will be provided without receipt of a completed damage claim form where one is required by Star RV.
- Without limiting any other provision of this Agreement, in the event of an accident, breakdown or equipment failure, whether or not a replacement Vehicle is available or accessible to the Hirer, Star RV will not be liable for any resulting accommodation or living expenses that are incurred, nor personal expenses for missed activities unless such accident, breakdown or equipment failure has been caused by or contributed to by a breach of this Agreement by or the negligent act, error or omission of Star RV.
- Any mechanical or towing expenses required for the Vehicle must be authorized by Star RV prior to the repairs or towing taking place or permitted in accordance with clause 16. Otherwise, Star RV reserves the right to hold the Hirer liable for such costs.
- An additional Damage Administration fee of $75 will be applied for processing damage claims for Hirers who have chosen Risk Taker Excess Reduction. This fee applies to all Risk Taker damage claims regardless of fault and/or if the Hirer has separately made their own travel Insurance arrangements.
- If any compensation is approved by Star RV due to an accident, breakdown or equipment failure, Star RV by agreement may compensate the Hirer the proportionate daily rental rate for the period during which the Vehicle could not be used for its intended purpose
17. Return of the Vehicle
- The Hirer shall at or before the expiry of the Term of Hire, deliver the Vehicle (including Vehicle keys) to the branch or Return Location stated in the Rental Agreement, or, subject to these Terms and Conditions, obtain Star RV’s consent to the amendment or continuation of the hire. (Note: No refund is available to the Hirer if the Vehicle is returned earlier than the Return Date stated in the Rental Agreement).
- In the event of any unauthorised extension to the Return Date, Star RV reserves the right to charge the current daily rental rate for each day until the Vehicle is returned and an additional late return fee of up to $500 In the event of any unauthorised change to the Return Location, Star RV reserves the right to charge an additional relocation fee of up to $500.
- Star RV may charge the Hirer a cleaning fee of up to $299 if, in the reasonable opinion of Star RV, the Vehicle is not returned in a clean and tidy condition (including evidence of smoking in the vehicle)
- Star RV may charge the Hirer a fee of up to $500 for failure by the Hirer to empty the grey water or toilet cassette (if applicable) from the Vehicle.
- Except where the Hirer has pre-purchased gas or fuel, failure to return the Vehicle with full petrol, diesel and/or LPG tanks will result in a $30 administration fee in addition to the cost of refilling the fuel calculated at the ongoing fuel rate at the time.
18. Breach of Contract
The Hirer agrees that Star RV shall have the right to refuse any rental and/ or terminate the hire and take immediate possession of the Vehicle, without notification to the Hirer, if:
- the Hirer fails to comply with any of the material terms and conditions of this Agreement, particularly clause 6;
- the Hirer has obtained the Vehicle through fraud or misrepresentation;
- if the Vehicle is damaged; or
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in the reasonable opinion of Star RV and/or the Australian/New
Zealand Police the Authorised Driver(s) do not have sufficient skill or
experience to operate the Vehicle in a safe manner or the safety of
the passengers or the Vehicle is at risk. In such event the Hirer will:
- not be entitled to a refund of part of the rental charges; and
- be responsible for the payment of any towing costs to return the Vehicle to the Return Location plus a fee to cover the reasonable costs of Star RV in arranging the return of the Vehicle up to a maximum of $100. The termination of the hire under this clause 18 shall be without prejudice to the other rights of Star RV or the Hirer under this Agreement or otherwise at law.
19. PPSA (for Australian rentals)
- The following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (‘PPSA’) – financing statement, interested person, register, proceeds, security agreement and security interest.
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The Hirer acknowledges that:
- by hiring the Vehicle from Star RV Australia, the Hirer may be granting a security interest in the Vehicle (and any proceeds) to Star RV, and that this Agreement may constitute a security agreement;
- any security interest arising under this Agreement attaches to the Vehicle when the Hirer obtains possession of the Vehicle and not at any other time; and
- Star RV may perfect its security interest by lodging a financing statement on the PPSA register.
- Star RV does not need to give you any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA, and that requirement cannot be excluded.
- You must do anything reasonably required by Star RV to enable Star RV to register its security interest with the priority it requires and to maintain the registration.
20. General Provisions
- The Hirer acknowledges that Star RV retains title to the Vehicle at all times. The Hirer must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let or hire or otherwise part with or attempt to part with the possession of the Vehicle.
- The Hirer warrants that all information supplied by them to Star RV in connection with Agreement is true and correct.
- All charges and expenses payable by the Hirer under this Agreement are due on demand by Star RV including any collection costs and reasonable legal fees incurred by Star RV.
- Star RV may vary this Agreement at any time, however, where a booking has been confirmed, the terms and conditions applicable at the time of confirmation will continue to apply to that booking.
- The Hirer must not assign, transfer or novate this Agreement or any rights or obligations under this Agreement, without the prior written consent of Star RV. The Hirer authorises Star RV to sub-contract the provision of any of the services under this Agreement as Star RV may require in its absolute discretion from time to time and at any time.
- If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- To the extent that any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. In the event this is not possible, the clause (or where possible, the offending part) is to be severed from this Agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses as the case may be) which will continue in full force and effect.
- In this Agreement, including and includes are not words of limitation.
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The Terms and Conditions:
- are governed by the law in force in Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland;
- do not create a relationship of principal and agent, joint venture, partnership, or fiduciary relationship between the parties.
- All references to “$” in this Agreement are to Australian dollars for Australia hires and New Zealand dollars for New Zealand hires and include GST.
21. Privacy
Star RV will collect personal information about the Hirer as part of the rental process. Star RV may not be able to perform this Agreement if all the information requested is not provided. Any information collected by Star RV will be handled in accordance with the Star RV Privacy Policy, which is on our website. The hirer agrees Star RV may collect, use and disclose the Hirer’s personal information (including but not limited to the location, usage and servicing of the Vehicle, your speed, distance travelled, and locations visited) through GPS tracking and diagnostics and other electronic tools in accordance with the Star RV Privacy policy. Under the Privacy Act 1998 (Cth), individuals have the rights of access to, and correction of, their personal information. For more information, refer https://www.starrv.com/privacy-policy.
22. Dispute Resolution
- If you have a complaint about your Star RV experience or any feedback, our staff at the branch will use reasonable endeavours to rectify the error or resolve the issue.
- If your concerns are not resolved to your satisfaction, you may complain to Star RV at one of our branches, over the telephone, by email or by post. Star RV will then refer the matter to our internal complaint-handling process.
- Upon receipt of a Hirer’s complaint, Star RV will acknowledge receipt of the complaint. Star RV will try to resolve a Hirer’s complaint when it is raised. However, if Star RV needs to investigate a Hirer’s complaint further, Star RV will investigate the matter and will aim to resolve the complaint or inform the Hirer what it is doing to resolve the complaint within 14 days of receipt of the complaint.
- The time Star RV spends investigating a complaint is determined by its seriousness and complexity. Star RV is committed to resolving all complaints within 14 days of receipt of the complaint.
- Once Star RV has resolved any complaint with the Hirer, Star RV will aim to finish all steps to deliver that resolution within 14 days. Star RV will only implement a resolution once the Hirer has accepted it.
- If Star RV is not able to resolve a complaint within the timeframes set out above, Star RV will contact the Hirer and explain the reason for the delay and give the Hirer a new timeframe for resolution.
- If the Hirer is unhappy with how the Hirer’s complaint has been resolved, the Hirer has several options. Star RV may escalate the complaint and review the resolution the Hirer was offered. This may involve an escalation to the next level of management. There may be external dispute resolution options available to the Hirer, and you may refer trade practice issues to the Australian Competition and Consumer Commission.
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Complaints may be made, and the progress of a complaint may be
checked by contacting Star RV by any of the following means:
- by email: feedback@StarRV.com
- by telephone: 1800875018 (Australia toll-free), 0800 500 078 (NZ toll-free) or +6496000805 (International).