1. Rental Contract
1.1 These Rental Terms & Conditions, together with:
- the Rental Agreement
- Schedule A – Fees, Charges & Damage Costs
- Schedule B – Trailer Operating & Safety Guide
- the Website Terms of Use
- the Privacy Policy
form the entire rental contract (“Rental Contract”) between JD Trailer Hire (“we”, “us”, “our”) and the renter (“you”, “your”).
1.2 By making a booking, collecting, using or returning a trailer, you acknowledge that you have read and agree to the Rental Contract.
1.3 The Rental Contract is governed by the laws of Queensland, Australia.
1.4 Nothing in this agreement excludes, restricts or modifies any rights or guarantees provided under the Australian Consumer Law.
2. Definitions
For the purposes of this Rental Contract, unless the context otherwise requires:
Authorised Representative
Means any employee, director, contractor, agent, towing operator, recovery agent, roadside assistance provider, locksmith, storage provider, debt recovery agency or other person authorised by JD Trailer Hire to act on its behalf.
Hirer
Means the person or entity entering into the Rental Contract with JD Trailer Hire and includes any authorised driver approved by JD Trailer Hire.
Rental Agreement
Means the booking confirmation, rental agreement or electronic rental record identifying the Trailer, rental period, fees and Hirer.
Rental Contract
Means the agreement comprising:
- these Rental Terms & Conditions
- the Rental Agreement
- Schedule A – Fees, Charges & Damage Costs
- Schedule B – Trailer Operating & Safety Guide
- the Website Terms of Use
- the Privacy Policy
as amended from time to time.
Trailer
Means the trailer supplied by JD Trailer Hire together with all equipment, accessories, locks, keys, winches, ramps, straps (where supplied), GPS Tracking Equipment and any other item supplied with the trailer.
GPS Tracking Equipment
Means any GPS tracker, telematics device, Bluetooth tracker, NFC device, smart lock, electronic access system or other tracking or security technology installed by or on behalf of JD Trailer Hire.
Operational Equipment
Means any lockboxes, digital locks, keys, security devices, wheel clamps, signage, GPS Tracking Equipment, NFC devices or other equipment supplied by JD Trailer Hire.
Rental Period
Means the period commencing at the agreed collection time and ending when the Trailer has been returned in accordance with this Rental Contract and accepted by JD Trailer Hire.
Schedule
Means any schedule forming part of this Rental Contract, including Schedule A and Schedule B, as amended from time to time.
Loss of Use
Means the loss of rental income and associated business losses suffered by JD Trailer Hire while the Trailer is unavailable for hire due to damage, theft, repair, recovery or any other event for which the Hirer is responsible.
Business Day
Means a day other than a Saturday, Sunday or public holiday in Queensland.
Australian Consumer Law
Means Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time.
Roadside Assistance
Means roadside assistance services arranged by JD Trailer Hire through NRMA Business Absolute Roadside Assistance or another provider nominated by JD Trailer Hire from time to time.
Major Breakdown Benefit
Means any additional benefits available under the applicable Roadside Assistance provider's terms relating to eligible major breakdowns.
Damage
Means any loss, destruction, theft, deterioration, mechanical damage, cosmetic damage or reduction in value to the Trailer or its accessories beyond fair wear and tear.
Fair Wear and Tear
Means reasonable deterioration resulting from normal and careful use of the Trailer but excludes damage caused by negligence, misuse, overloading, accidents or failure to comply with this Rental Contract.
2.2 Interpretation
Unless the context otherwise requires:
- headings are for convenience only and do not affect interpretation
- words importing the singular include the plural and vice versa
- references to legislation include amendments or replacements of that legislation
- the words including, includes and such as are not words of limitation
- a reference to a person includes an individual, company, partnership, trust or other legal entity
3. Eligibility Requirements
3.1 You must:
- hold a current valid Australian driver licence
- be legally permitted to tow the trailer
- be at least 18 years old
- ensure your towing vehicle is suitable, registered and insured
3.2 Learner drivers are not permitted to tow trailers hired from JD Trailer Hire.
3.3 You must not permit any other person to tow the trailer without our prior written approval.
4. Collection & Handover
4.1 Trailers may be collected:
- during staffed business hours; or
- through unattended collection systems where available
4.2 For unattended collection, we may provide:
- lockbox codes
- access instructions
- gate access details
- electronic collection instructions
4.3 Before removing the trailer from the collection location, you must inspect and confirm:
- the correct trailer has been collected
- the trailer appears roadworthy and suitable
- lights, tyres, coupling and safety chains appear functional
- any visible damage has been reported to us before departure
4.4 By removing the trailer from the collection location, you acknowledge that:
- the trailer was accepted in good condition unless otherwise reported
- risk and responsibility for the trailer passes to you upon collection
5. Rental Period
5.1 The rental period begins at the agreed collection time and ends when:
- the trailer is returned to the agreed return location
- the return process is completed in accordance with this agreement
5.2 The trailer remains your responsibility until properly returned and secured.
5.3 Rental extensions are subject to availability and approval.
5.4 Additional rental charges may apply where the trailer is returned late.
6. Your Responsibilities
6.1 You must:
- use the trailer safely, lawfully and responsibly
- comply with Schedule B – Trailer Operating & Safety Guide
- comply with all road rules and towing laws
- ensure all loads are properly secured
- ensure the trailer is not overloaded
- keep the trailer secure when unattended
- maintain the trailer in a clean and reasonable condition
- immediately notify us of any damage, fault, accident or incident
6.2 You must not:
- use the trailer unlawfully
- use the trailer recklessly or dangerously
- tow the trailer while affected by drugs or alcohol
- overload the trailer
- take the trailer off-road, onto beaches or through floodwaters
- modify or alter the trailer
- transport hazardous or illegal materials
- sub-hire, sell or dispose of the trailer
- remove or interfere with signage, GPS units or identifying marks
6.3 Additional operational and safety obligations are set out in Schedule B.
7. Fees & Charges
7.1 You must pay:
- rental fees
- extension fees
- charges arising under Schedule A – Fees, Charges & Damage Costs
- any other amounts payable under the Rental Contract
7.2 You authorise JD Trailer Hire to debit your nominated payment method for:
- rental charges
- late fees
- tolls
- infringements
- cleaning charges
- recovery costs
- repair or replacement costs
- damage-related costs
- administration fees
- any other amount payable under this agreement
7.3 Overdue amounts may incur:
- reasonable recovery costs
- debt collection fees
- legal costs
- interest on overdue amounts
8. Cancellations
8.1 Bookings cancelled more than 24 hours before the rental start time will receive a full refund.
8.2 If you:
- cancel within 24 hours of the rental start time
- fail to collect the trailer; or
- fail to notify us prior to the rental period
we may retain some or all rental charges.
8.3 We may cancel a booking where the trailer becomes unavailable due to:
- damage
- breakdown
- prior late return
- other unforeseen circumstances
9. Return Conditions
9.1 The trailer must be returned:
- to the agreed return location
- by the agreed return time
- in substantially the same condition as supplied, fair wear and tear excepted
9.2 For unattended returns, you must:
- secure the trailer
- apply any locks provided
- return keys as instructed
- follow all return instructions provided by us
9.3 Additional charges under Schedule A may apply for:
- late return
- incorrect return location
- cleaning
- rubbish removal
- recovery
- damage; or
- failure to secure the trailer
9.4 If the trailer is not returned as agreed, we may:
- recover or repossess the trailer
- arrange towing or recovery
- report the trailer stolen
- recover all associated costs from you
10. Damage, Loss & Liability
10.1 You are responsible for all loss, theft or damage occurring during the rental period, except fair wear and tear.
10.2 This includes responsibility for:
- trailer damage
- tyre or wheel damage
- accessories and equipment
- recovery and towing
- cleaning and disposal
- loss of use
- third-party claims arising from your use of the trailer
10.3 You must immediately notify us of:
- accidents
- theft
- damage
- breakdowns; or
- third-party claims
10.4 You must not arrange repairs without our approval.
10.5 We may recover:
- repair costs
- replacement costs
- market replacement value
- recovery expenses
- storage costs; and
- loss of use costs
as outlined in Schedule A.
11. No Insurance for Goods or Property
11.1 JD Trailer Hire does not insure:
- your goods
- cargo
- equipment
- personal property; or
- third-party property transported in the trailer
11.2 You are responsible for arranging any insurance you require for goods or property carried in the trailer.
12. Premium Roadside Assistance
12.1 Included Benefit
Subject to this Agreement, every trailer hired from JD Trailer Hire includes access to NRMA Business Absolute Roadside Assistance for eligible trailer-related roadside incidents occurring during the rental period.
12.2 Scope of Assistance
Where available and subject to the NRMA Business Absolute Roadside Assistance Terms & Conditions, eligible assistance may include:
- unlimited eligible roadside call-outs throughout Australia
- towing of the hired trailer within applicable metropolitan, country or remote service limits
- assistance with flat tyres
- assistance where trailer keys are lost, stolen or locked with the trailer
- assistance with the trailer's fitted battery, including repair or replacement where covered
- roadside repairs where practicable
- trailer recovery where applicable; and
- access to NRMA's Major Breakdown Benefit for eligible incidents, which may include benefits such as transport assistance, vehicle hire, goods transport and emergency accommodation
The above list is provided as a summary only and does not replace or modify the NRMA Business Absolute Roadside Assistance Terms & Conditions.
12.3 Trailer Assistance Only
Roadside assistance is provided for the hired trailer only and does not constitute a roadside assistance policy for the Hirer's towing vehicle.
Where an eligible trailer-related breakdown occurs, certain benefits available under NRMA's Major Breakdown Benefit may extend to the occupants of the towing vehicle where provided for under the applicable NRMA Business Absolute Roadside Assistance Terms & Conditions.
12.4 Third-Party Service Provider
Roadside assistance is supplied by NRMA (or its nominated contractors or service providers) and is subject to their:
- eligibility criteria
- service availability
- response times
- operational limitations; and
- applicable terms and conditions
JD Trailer Hire does not guarantee the availability, response time or scope of services provided by NRMA.
12.5 Hirer Responsibilities
The Hirer must:
- contact JD Trailer Hire as soon as reasonably practicable following any breakdown or roadside incident
- comply with any reasonable directions provided by JD Trailer Hire or NRMA
- not arrange repairs to the trailer without JD Trailer Hire's prior approval unless reasonably necessary for safety; and
- take reasonable steps to minimise further damage to the trailer
12.6 Misuse or Negligence
Where roadside assistance is required as a result of:
- misuse of the trailer
- negligent operation
- overloading
- incorrect loading
- unlawful use
- failure to comply with this Rental Contract
- deliberate damage; or
- any act or omission of the Hirer
the Hirer is responsible for all call-out fees, towing charges, recovery costs and any other charges incurred by JD Trailer Hire from NRMA or its service providers.
JD Trailer Hire may recover these costs from the Hirer in accordance with this Rental Contract and Schedule A.
12.7 Mechanical Failure
Where JD Trailer Hire reasonably determines that roadside assistance was required solely due to a mechanical fault or failure not caused or contributed to by the Hirer, JD Trailer Hire may, at its discretion, bear some or all of the associated roadside assistance costs.
12.8 Applicable Terms
The Hirer acknowledges that the roadside assistance benefits described in this Agreement are governed by the current NRMA Business Absolute Roadside Assistance Terms & Conditions, as amended from time to time.
The current NRMA Business Absolute Roadside Assistance Terms & Conditions are available at: https://www.mynrma.com.au/-/media/documents/cs-2291_business---terms-and-conditions-brochure-140524.pdf
The Hirer agrees that those terms apply in conjunction with this Rental Contract to the extent they relate to the provision of roadside assistance.
13. Liability & Indemnity
13.1 To the maximum extent permitted by law, JD Trailer Hire is not liable for:
- indirect loss
- consequential loss
- business interruption
- loss of profits
- loss arising from trailer breakdown
- loss arising from trailer unavailability; or
- damage arising from your use of the trailer
13.2 You indemnify JD Trailer Hire against claims, loss, damage, liabilities, fines, penalties and expenses arising from:
- your use of the trailer
- breach of the Rental Contract
- negligent or unlawful conduct; or
- damage or injury caused during the rental period
14. Termination, Recovery & Repossession
14.1 Title to and ownership of the Trailer remains with JD Trailer Hire at all times. Nothing in this Rental Contract transfers any ownership or proprietary interest in the Trailer to the Hirer.
14.2 JD Trailer Hire may immediately terminate this Rental Contract where:
- the Rental Contract is breached
- payment is not made when due
- the Trailer is used unlawfully, dangerously or contrary to this Rental Contract
- the Trailer is not returned as agreed
- JD Trailer Hire reasonably believes the Trailer is at risk of loss, damage or unlawful retention; or
- repossession is otherwise reasonably necessary to protect JD Trailer Hire's property or legal interests
14.3 Following termination, or where the Trailer is overdue, unlawfully retained or reasonably believed to be at risk, JD Trailer Hire may immediately recover or repossess the Trailer without prior notice.
14.4 The Hirer irrevocably authorises JD Trailer Hire, together with its employees, contractors, towing operators, roadside assistance providers, recovery agents and other authorised representatives, to locate, recover and repossess the Trailer on JD Trailer Hire's behalf.
14.5 The Hirer authorises JD Trailer Hire and its authorised representatives to enter any land or premises where the Trailer is reasonably believed to be located for the purpose of inspection, recovery or repossession, to the maximum extent permitted by law.
14.6 The Hirer warrants that they have obtained any authority reasonably necessary to permit recovery of the Trailer from any property where the Hirer stores, leaves or permits the Trailer to remain.
14.7 The Hirer agrees not to obstruct, interfere with, delay or prevent the lawful recovery or repossession of the Trailer by JD Trailer Hire or its authorised representatives.
14.8 JD Trailer Hire may utilise GPS tracking equipment, telematics or other security technology installed on the Trailer for the purposes of locating, protecting, recovering or repossessing the Trailer.
14.9 Where the Trailer is unlawfully retained, concealed or its location cannot reasonably be determined, JD Trailer Hire may report the Trailer as stolen and provide relevant information to law enforcement authorities.
14.10 The Hirer remains liable for all reasonable costs incurred by JD Trailer Hire in recovering or repossessing the Trailer, including:
- recovery agent fees
- towing charges
- transport costs
- storage costs
- locksmith fees
- contractor costs
- tracing costs
- administrative costs
- legal costs (where recoverable by law); and
- any associated loss of use
15. Privacy & Tracking
15.1 You consent to JD Trailer Hire collecting, storing and using your information in accordance with our Privacy Policy.
15.2 GPS tracking or monitoring devices may be installed on trailers.
16. General
16.1 If any provision of the Rental Contract is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
16.2 JD Trailer Hire may update:
- Schedule A
- Schedule B
- operational procedures; or
- website policies
from time to time.
16.3 The version of the schedules published on the JD Trailer Hire website at the time of booking forms part of the Rental Contract.
16.4 Headings are for convenience only and do not affect interpretation.
