Ring Road Rentals – Trailer Hire Terms and Conditions

1. Definitions

In these Terms:

•        "ACL" means the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth), and its associated Regulations as amended.

•        "Agreement" means any agreement for the hire of a Trailer by RRR to the Hirer, including the Booking Confirmation and these Terms.

•        "ATM" means the Aggregate Trailer Mass, being the maximum loaded mass of the Trailer as specified by its manufacturer or compliance plate.

•        "Booking Confirmation" means the written or electronic confirmation issued by RRR setting out the Trailer, Hire Period and Hire Charges.

•        "consumer" has the meaning given in the ACL.

•        "Hire Charges" means all charges payable for the hire of the Trailer, including any extras, fees and charges under these Terms.

•        "Hire Period" means the period from the agreed collection time until the Trailer is returned to and accepted by RRR.

•        "Hirer" means the person or entity hiring the Trailer, jointly and severally if more than one, and includes any Authorised Driver.

•        "Authorised Driver" means the Hirer or any person approved in writing by RRR to tow the Trailer.

•        "RRR" means Ring Road Rentals, a trading name of MELBOURNE TOWBARS (ABN 57 678 580 811).

•        "Towing Vehicle" means the vehicle used to tow the Trailer.

•        "Trailer" means the trailer hired by the Hirer, including its accessories, ramps, straps, covers, jockey wheel, spare wheel, coupling and any other equipment supplied with it.

•        "Terms" means these Trailer Hire Terms and Conditions.

2. Basis of Agreement and Bookings

2.1 Unless otherwise agreed by RRR in writing, these Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including the Hirer's own terms (if any).

2.2 Any quote provided by RRR is valid for 30 days, is an invitation to treat only, is subject to Trailer availability, and is only valid if in writing.

2.3 A booking is confirmed only when RRR issues a Booking Confirmation and the Hire Charges have been paid.

2.4 RRR has absolute discretion to refuse any booking or to refuse to release a Trailer at collection, including where the Hirer or Towing Vehicle does not meet clause 3.

2.5 The Hirer must give RRR accurate details of the intended load (type, dimensions and estimated mass), the Towing Vehicle and the intended use. RRR's suggestion of a suitable Trailer relies on those details.

2.6 If an allocated Trailer becomes unavailable, RRR may substitute a Trailer of similar or greater capacity. If no suitable Trailer is available, RRR will refund any amounts paid for that booking.

2.7 RRR may vary these Terms by written notice. Variations apply to bookings made after the notice date.

3. Hirer and Towing Vehicle Requirements

3.1 The Hirer must hold a current Australian driver's licence that permits them to tow under Victorian law, and must produce it at collection. Learner permit holders cannot tow. P1 probationary licence holders may tow only where Victorian law allows, such as in the course of their employment at their employer's request, or with a fully licensed driver seated beside them.

3.2 Only an Authorised Driver may tow the Trailer. The Hirer remains responsible for any act or omission of any person who tows or uses the Trailer.

3.3 The Towing Vehicle must:

(a)    be registered, roadworthy and insured;

(b)    have a towing capacity and towbar rating (including maximum tow-ball load) equal to or greater than the loaded mass of the Trailer. Where the manufacturer gives no towing capacity, the loaded Trailer must not exceed the Towing Vehicle's unladen mass, or 1.5 times that mass if the Trailer's brakes are operated from the driver's seat;

(c)    have a compatible tow ball or coupling, rated safety-chain attachment points, and a working electrical connection for the Trailer's lights;

(d)    where the Trailer is fitted with electric brakes, have a correctly installed and working electric brake controller; and

(e)    give the driver a clear view to the rear past the Trailer and load, using extended towing mirrors where needed.

3.4 The Hirer is solely responsible for confirming that the Towing Vehicle and its towing equipment are legally and mechanically suitable to tow the loaded Trailer. A headline towing capacity alone does not establish suitability.

3.5 RRR may inspect the Towing Vehicle at collection and may refuse to release the Trailer if it reasonably believes the Towing Vehicle is unsuitable or unsafe. Clause 6 applies to any such refusal.

3.6 Towbar, wiring or brake controller fitting can be arranged through Melbourne Towbars at the same address, subject to a separate quote.

4. Hire Period, Collection and Return

4.1 The Trailer must be collected from and returned to 1944 Sydney Road, Campbellfield VIC 3061 at the times stated in the Booking Confirmation, unless RRR agrees otherwise in writing.

4.2 There are no Sunday collections or returns. A Trailer needed on a Sunday must be collected on the Saturday, and the Hire Charges will include each day the Hirer holds the Trailer.

4.3 Any collection or return time is an estimate only. RRR will use reasonable endeavours to have the Trailer ready at the agreed time but is not liable for loss caused by a delay, except as required by the ACL.

4.4 The Hirer must return the Trailer by the agreed return time. If the Hirer wishes to extend the Hire Period, they must contact RRR on 0412 822 852 or bookings@ringroadrentals.com.au before the return time. Extensions are subject to availability and RRR's written approval.

4.5 If the Trailer is returned late without an approved extension, RRR may charge:

(a)    a late return fee of $15 per hour or part hour, for up to 4 hours; and

(b)    after that, an additional full day's hire for each day or part day the Trailer is late; and

(c)    any loss RRR suffers because the Trailer was unavailable for a following hire.

4.6 If the Trailer is not returned within 24 hours of the agreed return time and the Hirer has not contacted RRR, RRR may treat the Trailer as stolen, report it to Victoria Police, and recover it under clause 10.

4.7 The Hire Period ends only when RRR has received the Trailer at its premises during business hours and inspected it. A Trailer left unattended or outside business hours remains the Hirer's responsibility until RRR inspects it.

4.8 RRR's business hours for collections and returns are:

5. Pricing and Payment

5.1 All prices include GST unless stated otherwise.

5.2 Unless otherwise agreed in writing, the Hire Charges must be paid in full at the time of booking. Trade or account customers may be offered other terms in writing.

5.3 The Hirer must pay any other amount owing under these Terms, including late fees, cleaning fees, tolls, fines, damage and missing equipment, within 7 days of RRR's itemised invoice.

5.4 The Hirer authorises RRR to charge any amount owing under these Terms to the card used to pay the Hire Charges.

5.5 If the Hirer fails to pay any amount by its due date, RRR may, without limiting its other rights:

(a)    charge interest at the rate fixed under the Penalty Interest Rates Act 1983 (Vic) plus 4% from the due date until paid;

(b)    recover all costs of recovery, including reasonable legal and collection costs; and

(c)    refuse future hires.

5.6 Payment is not made until funds have cleared.

6. Cancellations and Refunds

6.1 The Hirer may cancel a booking by email to bookings@ringroadrentals.com.au or by phone on 0412 822 852. Refunds of Hire Charges are made as follows:

6.2 If the Trailer is collected and returned early, no refund is given for the unused part of the Hire Period unless RRR agrees in writing.

6.3 If RRR refuses to release the Trailer under clause 3 because the Hirer or Towing Vehicle does not meet the requirements, the cancellation is treated as a cancellation by the Hirer at the time of refusal.

6.4 RRR may cancel a booking by written notice if the Trailer is unavailable, unsafe or damaged, or for reasons beyond its reasonable control. In that case RRR will refund all amounts paid for that booking, and has no further liability, except as required by the ACL.

6.5 RRR is not liable for any loss caused by an event beyond its reasonable control, including severe weather, industrial action, pandemic, accident or breakdown, and may suspend or cancel a hire affected by such an event.

7. Use of the Trailer

7.1 The Hirer must use the Trailer carefully, lawfully and only for the purpose disclosed at booking, and must comply with the Road Safety Road Rules 2017 (Vic), all posted speed limits, and any handover instructions given by RRR.

7.2 The Hirer must not load the Trailer beyond its ATM or payload, or beyond the towing capacity, towbar rating or ball-weight limit of the Towing Vehicle, whichever is lowest.

7.3 The Hirer must load the Trailer evenly with the correct ball weight, and must secure all loads with suitable restraints so they cannot shift, fall or project beyond legal limits. Vehicles and machinery on car carriers, plant, ramp and motorbike trailers must be restrained at the designated tie-down points. All loads must be restrained in line with the Load Restraint Guide for Light Vehicles.

7.4 The Hirer must not, and must ensure no one else does:

(a)    tow the Trailer while affected by alcohol or drugs, or while unlicensed or disqualified;

(b)    carry passengers, animals (other than properly secured livestock where agreed in writing), or any dangerous goods, explosives, flammable or hazardous materials, asbestos or contaminated waste;

(c)    use the Trailer off-road, on unsealed roads unsuitable for it, through water, on beaches, for racing or testing, or to tow another trailer or vehicle;

(d)    take the Trailer outside Victoria without RRR's written consent;

(e)    sub-hire, lend, sell, or offer the Trailer as security;

(f)     alter, repair, modify or remove any part of the Trailer, including number plates, locks or tracking devices; or

(g)    use the Trailer for any illegal purpose.

7.5 The tipping mechanism on tipper trailers must be operated only on level ground, with the load evenly spread, and in accordance with RRR's instructions.

7.6 The Hirer must lock or secure the Trailer when unattended and take reasonable care to prevent theft or damage.

7.7 Loads must not project more than 150 mm beyond either side of the Trailer, and the combination must not exceed 2.5 m wide. A load projecting more than 1.2 m behind the Trailer must carry a brightly coloured flag at least 300 mm square by day and a red light at night.

8. Condition, Inspection, Cleaning and Breakdowns

8.1 RRR and the Hirer will inspect the Trailer together at collection, and RRR may record its condition with photos. The Hirer must report any existing damage or defect before leaving the premises; otherwise the Trailer is taken to have been received in good, clean and roadworthy condition.

8.2 Before each journey the Hirer must check that the coupling, safety chains, lights, brakes (if fitted), tyres and load restraints are secure and working.

8.3 The Hirer must return the Trailer in the same condition as at collection, fair wear and tear excepted, with all accessories, and clean and empty of all waste and debris.

8.4 RRR may charge a cleaning fee of $50 if the Trailer is returned dirty, and the actual cost of disposal for any rubbish, soil, green waste or other material left in it.

8.5 If the Trailer breaks down, is damaged, or develops a fault, the Hirer must stop using it as soon as safe, and contact RRR immediately on 0412 822 852. The Hirer must not arrange repairs without RRR's approval, other than changing a flat tyre with the supplied spare.

8.6 Where a breakdown is caused by a defect in the Trailer and not by the Hirer's misuse, RRR will, at its option, repair or replace the Trailer or refund the Hire Charges for the unused period. Where it is caused by misuse, overloading or the Towing Vehicle, the Hirer pays all recovery and repair costs.

8.7 Tyre punctures and damage are the Hirer's responsibility unless caused by a pre-existing defect.

8.8 RRR will supply the Trailer registered in Victoria, roadworthy, and fitted with the brakes, breakaway system, safety chains, coupling and lights required for its ATM under the Australian Design Rules and Victorian vehicle standards.

9. Damage, Loss, Accidents and Liability

9.1 Risk in the Trailer passes to the Hirer when it leaves RRR's premises and remains with the Hirer until the Hire Period ends under clause 4.7.

9.2 The Hirer is liable for all loss of or damage to the Trailer during the Hire Period, including theft, for the full cost of repair or replacement. RRR may also recover reasonable loss of hire income while the Trailer is being repaired or replaced, and towing, recovery and assessment costs.

9.3 The Hirer's liability under clause 9.2 is not capped and applies whether or not the Hirer was at fault, subject only to clauses 8.3, 8.6, 9.6 and 9.8.

9.4 The Hirer is responsible for checking whether their own motor vehicle insurance covers the Trailer and its load while being towed. RRR does not insure the Hirer's load, Towing Vehicle or third-party property.

9.5 If an accident, theft or damage occurs, the Hirer must:

(a)    notify RRR within 6 hours, and report any theft or accident involving injury or third-party property to Victoria Police;

(b)    obtain the names, addresses, licence and registration details of all other parties and witnesses;

(c)    not admit liability or settle any claim; and

(d)    give RRR a written report and cooperate with any insurance claim.

9.6 The Hirer is responsible for the load and its security. RRR is not liable for any loss of or damage to goods carried in the Trailer, or to the Towing Vehicle, including its towbar, wiring or brake controller, except where caused by RRR's failure to exercise due care and skill.

9.7 The Hirer indemnifies RRR against all claims, losses and costs (including legal costs) arising from the Hirer's use of the Trailer, except to the extent caused by RRR's negligence.

9.8 If the Hirer is a consumer, nothing in these Terms excludes, restricts or modifies any right or remedy under the ACL that cannot be excluded. Where RRR's liability for a failure to comply with a consumer guarantee may lawfully be limited, it is limited to supplying the services again or paying the cost of having them supplied again.

9.9 To the extent permitted by law, RRR is not liable for any indirect or consequential loss, including lost profits, lost time, missed jobs, or alternative transport costs.

10. Fines, Ownership, Recovery and General

10.1 The Hirer is liable for all traffic, parking, toll and camera infringements and related charges incurred during the Hire Period. RRR may nominate the Hirer as the responsible person to the issuing authority and charge an administration fee of $120 per infringement.

10.2 The Trailer remains the property of RRR at all times. The Hirer acquires no ownership or security interest in it. To the extent the Personal Property Securities Act 2009 (Cth) applies, the Hirer must do anything RRR reasonably requires to protect RRR's interest, and waives its right to receive any notice under that Act to the extent permitted.

10.3 RRR may end the hire immediately and repossess the Trailer, without notice, if the Hirer breaches these Terms, fails to return the Trailer on time, or RRR reasonably believes the Trailer is at risk. The Hirer authorises RRR to enter any place where the Trailer is reasonably believed to be for that purpose, and must pay all recovery costs.

10.4 Trailers are fitted with GPS tracking devices, which RRR may use to locate and recover the Trailer.

10.5 RRR collects the Hirer's personal information, including licence details, to manage the hire, verify identity, recover debts, and deal with infringements, claims and police. RRR may disclose it to authorities, insurers and debt collectors for those purposes and handles it in accordance with the Privacy Act 1988 (Cth).

10.6 Notices may be given in person, by email or by prepaid post to the last known address. Email notices are taken as received on successful transmission.

10.7 These Terms are governed by the law of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.

10.8 If any clause is unenforceable, it is read down or severed without affecting the remaining clauses. RRR's failure to enforce any term is not a waiver of its rights.