Terms & Conditions

  • DEFINITIONS AND GENERAL PRINCIPLES
    The Rental Agreement comprises these terms and conditions and the rental document setting out the hire details which is provided with each vehicle at the point of hire (referred to in these terms and conditions as the “Rental Document”). Please check that the details in these terms and conditions are complete and accurate and you agree to them before you submit your Booking Request. By submitting a Booking Request you are deemed to have accepted these terms. We reserve the right to change these Terms at any time and any such changes will take effect immediately when posted on the Website, in the brochure, at the Sites, or otherwise brought to your attention.

    The Rental Agreement is made between Nomad America Ltd. (herein referred to as “the owner”) and the person and/or company signing the Rental Document (herein referred to as “the hirer”) whose particulars are recorded in the Rental Document. It is hereby agreed as follows:

  • VEHICLE DESCRIPTION AND TERM OF HIRE
    1. The owner will let and the hirer will take the motor vehicle, details of which are described in the Rental Document (herein referred to as “the vehicle”), for the term of hire as described in the Rental Document.
  • PERSONS WHO MAY DRIVE THE RENTAL VEHICLE
    2. The vehicle may be driven during the term of hire only by the persons named on the Rental Document or in a supplementary driver’s sheet attached to the Rental Agreement, and only if they hold a current full valid driver’s licence appropriate for the vehicle while they are using the vehicle. Drivers must be 25 years of age or older. Exceptions for drivers between 21-24 years old can be made with a higher security deposit.

  • USE OF THE VEHICLE
    7. The hirer shall not:
    a) use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the owner’s knowledge for use in a passenger service.
    b) sublet or hire the vehicle to any other person;
    c) allow the vehicle to be used outside his/her authority;
    d) operate the vehicle or allow it to be operated in circumstances that constitute an offence. (which includes under the influence of alcohol or drugs);
    e) operate the vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them;
    f) operate the vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the vehicle;
    g) drive or allow the vehicle to be driven by any person if at the time of driving the vehicle the driver does not hold a current full valid driver’s licence appropriate for the vehicle;
    h) drive or allow the vehicle to be driven on any roads in bad condition, cross rivers deeper than 0.5 meters, or on any beach, driveway, or surface likely to damage the vehicle;
    i) allow the vehicle to be driven by any person who is not named or described in the Rental Document as a person permitted to drive the vehicle;
    j) operate the vehicle or allow it to be operated to propel or tow any other vehicle;
    k) transport any animal in the vehicle (with the exception of guide dogs for visually impaired people or a pre-aproved animal by the owner);
    l) operate or allow the vehicle to be used in involvement with any illegal activity; or
    m) operate the vehicle to cross bodies of water (Rivers, ponds, lakes, oceans, estuaries etc.). Water damages to vehicle, engine and electronics caused by water will not be covered by the insurance provider and will be the sole responsibility of the hirer – including all costs associated with vehicles recovery and repair.

  • HIRER’S OBLIGATIONS
    8. The hirer shall ensure that:
    a) all reasonable care is taken when driving and parking the vehicle;
    b) the water/coolant in the vehicle’s radiator and battery is maintained at the proper level;
    c) the oil in the vehicle is maintained at the proper level;
    d) only the fuel type specified for the vehicle will be used;
    e) the tyres are maintained at their proper pressure;
    f) the vehicle is locked and secure at all times when it is not in use and the keys kept under the hirer’s personal control at all times;
    g) the distance recorder or speedometer are not interfered with;
    h) no part of the engine, transmission, braking or suspension systems are interfered with;
    i) should a warning light be illuminated or the hirer believes the vehicle requires mechanical attention, the hirer will stop driving and advise the owner immediately;
    j) all drivers authorised to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement; and
    k) any authorised driver carries their driver’s licence with them in the vehicle at all times and will produce it on demand to any enforcement officer.

  • OWNER’S OBLIGATIONS
    9. The owner shall supply the vehicle in a safe and roadworthy condition, with up to date RTV. (Technical Vehicle Inspection) and all other permits required by law.
  • MECHANICAL REPAIRS AND ACCIDENTS
    10. If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the owner of the full circumstances by telephone immediately.
    11. The hirer shall not arrange or undertake any repairs or salvage without the owner’s authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
    12. 24 Hour Roadside Assistance is free for all inherent mechanical faults (as determined by the owner or its authorised repairer) related to the vehicle specified in the Rental Document. For all other roadside assistance related to The hirers negligence like call outs including refuelling, lost keys and keys locked in the vehicle, a service fee will be charged.
    13. If the vehicle requires repair or replacement, the decision to supply another vehicle to the hirer is at the owner’s sole discretion. The owner will supply a similar vehicle if available or standard vehicle of the same size/capacity if there are no camping equipped vehicles available to replace the damaged vehicle. The Owner will not be responsible for any costs other than the transportation of the hirer to the provided replacement vehicle by taxi. The owner will not be responsible for hotel/lodging costs, meals, lost bookings/reservations at any point of the rental.

  • RETURN OF VEHICLE
    14. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the agreed rental drop-off location described in the Rental Document during working hours (between 8 a.m. and 5 p.m. 7  days a week) or obtain the owner’s consent to the continuation of the hire (in which case the hirer shall pay additional hire charges for the extended term of hire). If the hirer does not comply with this clause, and does not immediately return the vehicle, the owner may report the vehicle as stolen to the Police and the hirer must compensate the owner for either the full cost of the vehicle, or all additional costs and losses incurred up to the time that the vehicle is recovered by the owner.

  • LIABILITY
    15. The hirer is liable for:
    a) any loss of, or damage to, the vehicle and its accessories;
    b) any consequential damage, loss or costs incurred by the owner, including salvage costs, loss of ability to re-hire and loss of revenue; and
    c) any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.
  • INSURANCE
    16. The hirer is advised that motor vehicle insurance must be offered by the owner, but the hirer can make their own insurance arrangements, provided these are approved by the owner. If the owner is not satisfied that the hirer’s insurance is comparable to the owner’s, the owner may decline to hire the vehicle.
    17. If the hirer elects to use the owner’s insurance, any driver named in the Rental Document as a person permitted to drive the vehicle is subject to the payment of the full value of agreed deductible.
    18. If the hirer elects to use the owner’s insurance, the insurance premium is included in the hire charge.
    19. If the hirer elects to use the owner’s insurance, the excess payable by the hirer is as specified in the Rental Document and is payable for each and every incident involving the vehicle. If the damage is excluded under the owner’s insurance, the excess will be considered part payment toward the total damage cost and any additional cost will be charged to the hirer.
    20. An additional Damage Administration fee of $100 will be applied for processing damage claims. This fee applies to all damage claims regardless of whether the hirer elects to use the owner’s insurance or has their own insurance arrangements. This fee may be refunded if it is proven that the damage was not due to the hirer’s fault.
  • INSURANCE EXCLUSIONS
    22. The hirer acknowledges that the cover will not apply:
    a) at any time when the driver of the vehicle is under the influence of alcohol or any drug;
    b) at any time when the vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the hirer or driver was aware or should have been aware of the unsafe or unroadworthy condition of the vehicle;
    c) at any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the vehicle;
    d) at any time when the vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them;
    e) at any time when the vehicle is driven by anyone not named or described in the Rental Document as a person permitted to drive the vehicle;
    f) at any time when the vehicle is driven by an unlicensed person;
    g) at any time when the vehicle is willfully or recklessly damaged or lost by the hirer, a nominated driver, or a person under the hirer’s authority or control;
    h) at any time when the driver commits a traffic offence while driving the vehicle;
    i) at any time when the vehicle is loaded or is being loaded in excess of the manufacturer’s specifications;
    j) at any time when the vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by the driver or attendant of the vehicle;
    k) at any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law;
    l) to any fine or penalty imposed as a result of prosecution for breach of any law;
    m) to any puncture, cut or bursting of any tyre, or damage to any tyre by application of brakes;
    n) to any wear and tear to the vehicle;
    o) to any liability for damage caused by vibration or the weight of the vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any other underground installation;
    p) to any overhead damage to the vehicle or to the property of any third party resulting from such overhead damage;
    q) at any time when the vehicle was operated beyond the term of the Rental Agreement or any agreed extension of the term,or at any other time or in any other circumstances notified by the owner to the hirer.

    r) at any time when the driver caused any water damages – crossing rivers, speeding through bodies of water, lakes, oceans, estuaries etc. No insurance coverage will be provided for water damages. Water damages are solely the responsibility of the hirer;

  • HIRER USES THEIR OWN INSURANCE
    23. If the hirer elects to use their own insurance, then the hirer accepts all liability for all losses, costs and damages.
  • TRAFFIC OFFENCES
    24. All penalties related to traffic and/or parking offences are the responsibility of the hirer and the owner may charge the hirer’s credit card for any traffic and/or parking offence infringement fees incurred by the hirer. The owner undertakes, in the event that the owner receives notice of any traffic or parking offenses incurred by the hirer, to send a copy of any such notice to the hirer as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the hirer. The hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and has a right to seek a court hearing. If court cancels said offence the owner will refund any charges.

    The owner may also charge an administration fee of $30 to cover the cost of paying, processing and sending to the hirer notices related to traffic and/or parking infringements.

  • CANCELLATION OF HIRE AGREEMENT
    25. The owner has the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of the Rental Agreement, or if the vehicle is damaged. The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under the Rental Agreement or otherwise.
  • Extra Equipment
    26. The hirer acknowledges that they are liable for:
    (a) damage to or loss, including theft, of the GPS unit and other electronics and/or their accessories. The charge is $225 per GPS unit and $200 for Cell-phone and $200 for Wi-Fi Device; and
    (b) a handling and freight fee where any electronic accessory is damaged and/or not returned with the unit. The charge is to replace accessories.
    (c) damage to or loss, including theft, of the Camping equipment and Roof-top Tent and/or its accessories. The charge is $1500 per unit; and
    (d) a handling and freight fee where any Roof-top Tent accessory is damaged and/or not returned with the vehicle. The charge will be according to the damage/accessory with a maximum of $250.
    (e) damage to or loss, including theft, of the Camping and Sporting Equipment and/or its accessories. The charge varies per unit. (US$ 600 per surfboard/ $750 per Mountain bike / $500 per Kayak / $75 snorkelling equipment)
    (f) a handling and freight fee where any Sporting Equipment accessory is damaged and/or not returned with the Sporting Equipment unit. The charge varies per accessory.
    (g) damage to or loss, including theft, of any car part or accessory. The charge is based on replacement cost of said car part or accessory;

  • CAMPING EQUIPMENT RELEASE OF LIABILITY AND ASSUMPTION OF RISK

    27. The hirer acknowledges that they agree to liability of risk while using camping equipment and camping:

    (a) Assumption of Risk: The hirer assumes all risks of injury, death or property damages resulting from use of the equipment provided such as tents, rooftop tents, gas stoves, gas tanks, knives, cooking utensils, machete etc. provided by Nomad America Ltd. If an item or equipment seems damaged or in bad shape or risky to use report it immediately and stop the use.

    (b) The hirer is fully responsible for opening, closing and using the rooftop tent in the correct manner. If the hirer falls down the ladder, falls off the car, gets injured using the rooftop tent or with the rooftop tent the hirer is solely responsible.  Take care when climbing up and down the rooftop tent ladder and make sure the ladder is in a vertical position before using it. If you don’t feel comfortable using the equipment ask a Nomad America employee to demonstrate proper use when picking up the vehicle.

    (c) As the hirer and his group is camping and driving in a natural, unpredictable environment, we do not accept responsibility for any damage, injury or inconvenience caused by plants, trees, insects or wildlife, weather, water, fire, wind or any natural element or cause.  We do not accept responsibility for anything that adversely affects your holiday that is outside of our control. We will not at any point for any reason pay for your hotel/lodging or meals if you did not find the environment or climate suitable to your liking for camping and/or cooking.

    (d) Where we are responsible for your loss, our maximum liability shall be no more than to refund the amount paid by you for the rental.

  • PRIVACY
    The information requested from the hirer is to enable the owner to assess the hirer’s request to hire a vehicle. The hirer does not have to supply this information, but if the hirer does not, then the owner is unable to hire the vehicle. The hirer acknowledges that the owner will collect, hold and use the hirer’s personal information for purposes related to the hire of the vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by the owner. The hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the hirer defaults in the payment of any monies owing to the owner, or other parties involved in an accident with the vehicle while on hire to the hirer; or any organisations responsible for the processing or handling of traffic related infringements; and the hirer hereby authorises the disclosure of their personal information for such purposes.

    NOTE TO HIRER
    NOTE – THE OWNER MUST GIVE THE HIRER AT LEAST ONE COPY OF THE RENTAL AGREEMENT WHICH MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND TO AN ENFORCEMENT OFFICER.