1. Introduction 🔗

1.1 Rental Contract 🔗

By making a booking with Us (online, by phone or in person) and by accepting these Terms and Conditions, You ("the Hirer") agree to be bound by and comply with the terms set forth in the following documents, which together constitute a binding and enforceable contract between You and TrailerMates("the Owner"). Acceptance occurs when You tick the agreement checkbox, proceed to payment via Our website integration (e.g. Stripe), sign a hire agreement, or otherwise indicate Your agreement by proceeding with the booking.

Your contract to hire a Trailer from TrailerMates ( Rental Contract) consists of:

1. the agreement (Hire Agreement) You have accepted or entered into to hire the Trailer from Us;
2. the Privacy Collection Statement (Annexure A);
3. Our Privacy Policy; and
4. these rental Terms and Conditions (Terms and Conditions),

and together they create binding and enforceable legal obligations.

1.2 Jurisdiction 🔗

The Rental Contract is governed by the laws of Queensland, Australia and You agree that courts in that state or territory have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3 Australian Consumer Law 🔗

You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.

1.4 Trailer Dimensions 🔗

Trailer dimensions advertised are approximate only.

1.5 Right to Exchange 🔗

1. We reserve the right to exchange the trailer with an equivalent item at any time before and during the Rental Period.
2. If an exchange cannot be arranged, We will refund the Hire Amount in full as Your sole remedy in that circumstance, with no further compensation payable.

1.6 Electronic Signatures 🔗

We may use electronic signatures as a means of entry into the Rental Contract. When You insert an electronic signature, You consent to the use of this means of Your acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract. This includes, but is not limited to, digital signatures on manual forms or electronic documents. Acceptance through an online booking process, including ticking a checkbox and proceeding to payment, constitutes a valid electronic signature and binding acceptance of these Terms and Conditions.

2. Who May Tow the Trailer? 🔗

2.1 Authorised Drivers 🔗

The Trailer can only be towed by a Towing Vehicle driven by You or an Authorised Driver. It is a Major Breach of the Rental Contract if You let anyone who is unauthorised tow the Trailer. Consequences of a Major Breach are set out in clause 12.

2.2 Age Limits 🔗

We set a minimum and maximum age limit for those renting Our Trailers. You and any Authorised Driver must be at least 25 and not over 75 years of age(subject to Us obtaining satisfactory evidence of fitness to drive at Our reasonable request) and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental, and it is shown in the Rental Agreement.

2.3 Licence Requirements 🔗

1. You and any Authorised Driver must also have a valid licence to drive the Towing Vehicle which is:
   1. issued in an Australian state or territory; and
   2. not subject to any restriction or condition that would prevent the towing of the Trailer.
2. Learner drivers are not acceptable and must not tow the Trailer.
3. For Automated Hires, and whenever requested by Us, You and each Authorised Driver must submit a clear digital copy of Your driver's licence(for example, by photo upload or email) during the booking or onboarding process so that We can verify Your identity and licence status with the relevant authorities.
4. If We are unable to verify Your licence details, or if You fail to provide the requested information before the Start of the Rental, We may reject or cancel the booking.
5. The Towing Vehicle must have current and valid registration under the relevant State or Territory vehicle registration laws for the entire Rental Period. You must not tow the Trailer with an unregistered or improperly registered vehicle. In an Automated Hire, by using the Access Code and collecting the Trailer, You warrant that the Towing Vehicle is currently registered and You acknowledge that We are relying on this warranty in releasing the Trailer to You.
6. The Towing Vehicle must be fitted with a towbar rated to at least the Aggregate Trailer Mass of the Trailer as specified in the Rental Agreement, and any trailer brake controller required by law must be fitted and operational. We may refuse to release the Trailer or terminate the Rental Contract if We reasonably believe the Towing Vehicle is unregistered or does not meet these requirements.
7. You and any Authorised Driver must hold a current and valid licence(not being a restricted licence, learner's licence, provisional licence or probationary licence unless We have agreed to a variation as per clause 2.2 ) authorised to tow trailers and have held a licence that permits the towing of trailers, of the same category as the rented trailer, for at least 12 consecutive months immediately prior to accepting the Hire Agreement.
8. You authorise and consent to TrailerMates verifying Your driving licence status, details and records with local authorities in Australia.

2.3A Identity Verification 🔗

1. Completion of Identity Verification to Our satisfaction is a condition precedent to the release of an Access Code. No Access Code will be issued, and no Trailer will be released, until that condition is satisfied.
2. You must complete Identity Verification in Your own name, using a current Australian driver's licence issued in Your own name. The name recorded on Your Booking must correspond to the name on the identity document submitted.
3. Identity Verification is conducted by an automated process operated by Our third party provider. You acknowledge that the result of that process is automated, that We do not control it, and that We are not obliged to override or set aside a result that it returns.
4. In determining whether Identity Verification has been completed to Our satisfaction, We may have regard to:
   1. whether the name verified corresponds to the name recorded on the Booking. In making that assessment We will disregard the omission or addition of a middle name, the use of a commonly recognised shortened or alternative form of a given name, and minor differences of spelling, punctuation or word order;
   2. whether the date of birth verified satisfies the age requirements in clause 2.2 ;
   3. whether the identity document is a current Australian driver's licence that has not expired;
   4. whether the identity document is authentic and was captured directly, rather than reproduced from a photograph, a screen image or a screenshot;
   5. whether the facial image submitted matches the photograph on the identity document; and
   6. the number of verification attempts made in respect of the Booking, and whether identity documents identifying different persons have been submitted across those attempts.
5. Where Identity Verification has not been completed, has not been completed in Your own name, or has returned a result that in Our reasonable opinion does not satisfy paragraph (d), We may withhold the Access Code without cancelling the Booking. Withholding an Access Code under this paragraph does not alter the Rental Period, does not of itself entitle You to a refund, extension or credit, and does not limit Our rights under clause 7.4A.
6. We may limit the number of Identity Verification attempts permitted in respect of a Booking. Where that limit is reached, no further attempt will be accepted and no Access Code will be released until the matter is resolved with Us directly.
7. Each Authorised Driver must separately complete Identity Verification in their own name before the Start of the Rental. Identity Verification completed by one person does not satisfy this clause in respect of any other person.
8. Where Identity Verification does not succeed and You consider the result to be in error, clause 2.3B or clause 7.4A(iv) applies.

2.3B Alternative Identity Verification 🔗

1. Where We are unable to verify Your identity or licence through Our automated identity verification provider, or where You hold a digital driver licence that provider cannot verify, We may require You and any Authorised Driver to complete identity verification by submitting, through the secure form We provide, clear photographs of the front and back of the current driver licence and a live self-photograph. This is an alternative means of satisfying the licence and identity requirements in clauses 2 and 2.3A and does not reduce or vary those requirements. We are not obliged to offer this alternative in any case.
2. By submitting the form, the person submitting it warrants that:
   1. they are the person shown in the driver licence and the self-photograph submitted;
   2. the driver licence is current, valid, genuine, and not cancelled, suspended, restricted or subject to any condition that would prevent the lawful towing of the Trailer;
   3. all information provided is true, accurate and complete; and
   4. where they are not the Hirer, they are authorised by the Hirer to collect, tow or use the Trailer under the Booking, and where they are the Hirer, they are authorised to bind each person who will collect, tow or use the Trailer under the Booking.
3. Every person who submits the form accepts these Terms and Conditions in their own right and is bound by them as if they were the Hirer, in addition to and without discharging the Hirer. The version of these Terms and Conditions displayed to that person at the time of submission is the version that person accepts, and We may record and retain evidence of that acceptance.
4. If any document or information submitted through the form is false, misleading, altered, or does not belong to the person submitting it, that is a Major Breach under clause 2 , and We may cancel the Booking, refuse or terminate release of the Trailer, and exercise Our rights under clauses 2, 7.4A and 12 , in addition to any other rights available to Us at law.
5. You consent to Us collecting, using and storing the licence images, self-photograph and form information for the purposes of verifying identity and eligibility, managing the Booking, and exercising or defending Our legal rights, in accordance with Our Privacy Collection Statement (Annexure A) and Our Privacy Policy. We retain the licence images and self-photograph for up to 12 months and then delete them, except where they are relevant to an actual or anticipated dispute, claim, investigation or proceeding, in which case We retain them until that matter is finally resolved and any applicable appeal or limitation period has expired. We may retain a record of acceptance of these Terms and Conditions, without the licence images and self-photograph, for longer where necessary to exercise or defend Our legal rights.

2.4 Cancelled and Suspended Licences 🔗

The Towing Vehicle must not be driven:

1. whilst Your driver's licence is cancelled or suspended, including as a result of an accumulation of demerit points; or
2. if Your licence has been cancelled or suspended, within 2 years of the date of the Rental Agreement.

2.5 False Information 🔗

The Towing Vehicle must never be driven by You or an Authorised Driver who has provided a false or misleading name, age, address or driver's licence.

3. Prohibited Use 🔗

3.1 🔗

The Trailer must not be towed by a Towing Vehicle driven by You or any Authorised Driver:

1. whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law;
2. recklessly or dangerously; or
3. once You become aware, or ought reasonably to have become aware, that the Trailer is damaged or unsafe.

3.2 🔗

You and any Authorised Driver must not:

1. fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment;
2. use the Trailer:
   1. for any illegal purpose;
   2. to move dangerous, hazardous, flammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
   3. to carry illegal drugs or substances;
   4. in connection with the motor trade for experiments, tests, trials or demonstration purposes; or
   5. in an unsafe or un-roadworthy condition;
3. damage the Trailer deliberately or recklessly or allow anyone else to do so;
4. modify the Trailer in any way;
5. sell, rent, lease or dispose of the Trailer; or
6. register or claim to be entitled to register any interest in the Trailer under the Personal Property Securities Act 2009;
7. use the Trailer to carry any load that exceeds the limits for which the Trailer was designed, constructed, registered or licenced;
8. expose the Trailer(including its chassis, brakes, axles, hubs and bearings) to salt water by backing the Trailer into the ocean, surf, tidal rivers or other saline environments, or otherwise immersing any part of the Trailer in water (other than brief exposure to fresh water for cleaning). Such use is strictly prohibited due to the risk of severe corrosion and Damage;
9. operate any hydraulic tipping or tilting mechanism on the Trailer without first fully releasing all deck securing latches, load restraints and mechanical fasteners, or otherwise than in accordance with the correct operating sequence for that mechanism. By collecting the Trailer, You warrant that You are competent to safely operate all mechanical systems fitted to the Trailer, including any hydraulic tipping or tilting mechanism, and that You understand the correct operating sequence required before engaging any such mechanism. You accept that engaging the hydraulic mechanism without first fully releasing all deck securing latches, load restraints, and mechanical fasteners constitutes misuse causing mechanical damage for which You accept sole and full liability. You acknowledge that We have not provided and are not required to provide operational training or instructions as a condition of hire, and that Your competency to operate the Trailer is Your own responsibility confirmed by Your act of collection; or
10. permit or allow any lien, charge, encumbrance or other security interest to arise or be claimed over the Trailer, including any repairer's, storer's or carrier's lien, or do anything that would give any person a right to retain possession of the Trailer.

4. Prohibited Areas of Use 🔗

4.1 🔗

The Trailer must never be towed on:

1. an Unsealed Road;
2. Off Road; or
3. in any area where snow has fallen or is likely to fall.

4.2 🔗

In addition to the Off Road prohibition in clause 4.1 , the Trailer must not be used in any area that is prohibited by Us. Prohibited areas include:

1. roads that are prone to flooding or are flooded;
2. beaches, sand dunes, tidal or surf areas, salt water, streams, rivers, creeks, dams and floodwaters, including where any part of the Trailer is backed into the water for launching or retrieving a vessel, or where the Trailer becomes partially or fully submerged;
3. any road where the police or an authority has issued a warning;
4. any road that is closed; and
5. any road where it would be unsafe to drive the Trailer.

4.3 Area of Operation 🔗

1. The Trailer must not be taken more than 250 kilometres by road from the Collection Site, and must not be taken outside Queensland, without Our prior written consent. Where We give consent We may impose conditions, including an additional charge, a minimum Rental Period, or additional security.
2. Taking the Trailer beyond either limit in paragraph (a) without Our prior written consent is a Major Breach of the Rental Contract, whether or not any Damage results. You are liable for all recovery costs under clause 7.11(c) , Internal Transport under clause 7.5(g) , and Loss of Use, in addition to Our other rights under clauses 7 and 12.
3. You acknowledge that a tracking device is fitted to the Trailer in accordance with clause 15 and that We may rely on data from that device to establish a breach of this clause.

5. Your Obligations 🔗

5.1 Start of the Rental 🔗

At the Start of the Rental and before collecting the Trailer You must:

1. ensure that You and each Authorised Driver have complied with clause 2 (including providing any digital driver's licence copies required by Us);
2. keep any Access Code provided to You secure and confidential, and use it only to release the Trailer specified in the Rental Agreement from the Collection Site;
3. carry out a Self-Inspection of the Trailer, including checking the condition and operation of the latches, lights, chains, tyres, body panels, winch, ramps, hydraulic tipping system, coupling, safety chains, and any other critical components. You may refer to the Trailer Safety Checklist at www.trailermates.com.au/trailer-safety-checklist for guidance;
4. complete the Pickup Inspection Form via Our online booking system, including all mandatory condition declarations, and upload photographs using the available photo slots showing the Trailer's condition at collection. The required views are: front view, rear, left side, and right side of the Trailer. You are strongly encouraged to take additional photographs on Your own personal device covering all areas of the Trailer, including the wheels and tyres, Trailer interior and load area, drawbar, coupling, ramps, hydraulic system, and any pre-existing Damage or defects You observe. These personal photographs are Your own evidentiary record and are separate from the system upload. Where Damage is identified in an area not covered by Your system photographs, the absence of personal photographic evidence of that area will be at Your own evidentiary risk;
5. if there is any discrepancy between the condition of the Trailer and the Rental Agreement, or if You consider the Trailer unsafe or faulty, notify Us immediately by phone and email(with photos attached) before moving or towing the Trailer; and
6. not remove the Trailer from the Collection Site unless and until You are satisfied that it is safe and roadworthy.
7. By using the Access Code and removing the Trailer from the Collection Site, You:
   1. are deemed to accept the Trailer in good working order and condition, fair wear and tear excepted;
   2. acknowledge that, subject to any non-excludable rights You have under the Australian Consumer Law, risk of loss, theft or Damage to the Trailer passes to You immediately upon removal of the Trailer from the Collection Site;
   3. where You have completed any declaration in the Pickup Inspection Form warranting Your age, licence status, or eligibility, and that declaration is false, Your removal of the Trailer from the Collection Site constitutes a Major Breach of this Rental Contract regardless of whether any Damage occurs, and You will be liable for all costs under clauses 6, 7.11, and 12 from the moment of collection; and
   4. bear the full risk of loss, theft, and damage to the Trailer from any cause whatsoever, including damage caused by unidentified third parties, weather events, vandalism, or any other external cause. You are not relieved of this responsibility by demonstrating that the damage was caused by someone other than You. Your obligation is to return the Trailer in the same condition as collected, and the cause of any damage during the Rental Period is Your responsibility to manage through Your own insurance arrangements.

5.1A Binding Effect of Pickup Inspection Form Declarations 🔗

By completing the Pickup Inspection Form and ticking each declaration, You make the following binding contractual admissions and warranties, each of which forms part of this Rental Contract:

1. Condition acceptance: You have physically inspected the Trailer, including all latches, lights, chains, tyres, body panels, winch, ramps, hydraulic tipping system, coupling, safety chains, and any other critical components, and accept it in its current condition. No damage or defects exist at the time of collection unless specifically documented by You in that form;
2. Roadworthiness confirmation: You have assessed the Trailer as roadworthy and safe to tow, or if in doubt, have reviewed Our Trailer Safety Checklist at www.trailermates.com.au/trailer-safety-checklist and are satisfied the Trailer meets roadworthiness requirements;
3. Eligibility warranty: You warrant that You meet the licence and age requirements set out in clause 2. Ticking this declaration and removing the Trailer from the Collection Site constitutes Your warranty of eligibility;
4. Full liability for undeclared damage: You expressly accept full liability for any damage, defect or missing component found on return that is not documented in Your Pickup Inspection Form. You acknowledge this declaration was drawn to Your attention at the time of collection and was a condition of Your access to the Trailer;
5. Cleanliness confirmation: You confirm the Trailer was clean and free of rubbish and loose materials at the time of collection; and
6. Operational competency: You warrant that You are competent to safely operate all mechanical and hydraulic systems fitted to the Trailer, that You do not require training or instruction from Us as a condition of hire, and that You will not operate any system You are not competent to use safely.

5.2 Correct Trailer 🔗

You are responsible for ensuring that the correct Trailer is released and taken. Before removing the Trailer from the Collection Site You must check that the registration number and description on the Trailer match the details in the Rental Agreement. In an Automated Hire You must also ensure that the Access Code used relates only to that Trailer.

Taking or using the wrong trailer(including any trailer not listed on Your Rental Agreement) will incur a fee of $150 to compensate for inconvenience caused to other hirers, plus any reasonable recovery, relocation and additional hire costs We incur, all charged in accordance with clause 7.9.

5.3 Reasonable Care 🔗

You and any Authorised Driver must take reasonable care of the Trailer by:

1. preventing it from being damaged;
2. making sure that it is protected from the weather;
3. maintaining the tyre pressures;
4. making sure it is not overloaded; and
5. ensuring drawbar/ball weight is approximately 7–10% of the total loaded trailer weight.

5.4 Tow-ball 🔗

The Towing Vehicle must be fitted with a 50 mm diameter tow-ball.

5.5 Operating the Trailer 🔗

1. Before and during your use of the Trailer you must ensure:
   1. the majority of load mass is forward of the axle and ball-weight is approx 7–10%;
   2. the Aggregate Trailer Mass and Gross Trailer Mass do not exceed the manufacturer's ratings;
   3. the towing capacity and towbar rating of the Towing Vehicle are not exceeded, and any brake controller required by law is fitted and working;
   4. the Trailer is correctly coupled with safety chains attached and the coupling is fully engaged;
   5. tyre pressures are maintained and lights function correctly;
   6. loading and unloading occurs on level ground with the area directly behind the Trailer reasonably clear (20 metres where practicable);
   7. the load is secured with appropriate restraints that comply with manufacturer recommendations and all road laws; and
   8. when unattended and detached, you must fit the supplied hitch lock and wheel clamp and park the Trailer off the roadway where lawful and safe. Loss of or damage to the supplied hitch lock and/or wheel clamp will be charged at replacement cost, currently $250 per item(or such amount as notified to You at the time of booking).
2. You must secure any property, goods, stock or equipment carried in the Trailer and use suitable tie down materials to ensure that under no circumstances will they fall from the Trailer during transit.
3. You must comply with all road rules and regulations, and You are always responsible for the correct and safe handling of the Trailer.
4. You must carry the spare wheel supplied with the Trailer at all times and ensure you have access to a suitable wheel brace and jack for the towing vehicle at all times (We do not supply these items).

5.5A Supplied Equipment — Hirer's Risk 🔗

Where We supply tie-down straps, wheel chocks, ramps, or other load securing equipment with the Trailer, You acknowledge and agree that:

1. all supplied equipment is inspected by You before use as part of Your Self-Inspection obligations under clause 5.1. By using any supplied equipment, You confirm it was in serviceable condition at the time You commenced use. You must not use any item that appears worn, frayed, damaged, or unfit for purpose — if You do, You do so entirely at Your own risk and We accept no liability whatsoever for any consequence;
2. supplied equipment is provided for Your convenience as ancillary to the Trailer hire. We make no representation, warranty, or guarantee as to its fitness for any particular purpose, load type, load weight, or application. You are solely responsible for determining whether supplied equipment is adequate for Your specific load;
3. You must comply with all applicable load restraint laws and the National Transport Commission Load Restraint Guide. Compliance is Your sole responsibility regardless of what equipment We supply;
4. We are not liable for any loss, damage, injury, fine, or third-party claim arising from the failure, slippage, or breakage of any tie-down equipment supplied by Us, except where You can demonstrate by contemporaneous evidence that the equipment was materially defective in a way that was not visible or detectable on reasonable inspection and that the defect existed before the Start of Your Rental as confirmed by Our Baseline Condition Evidence; and
5. supplied straps, chocks, or equipment that are lost, damaged, or returned requiring replacement will be charged at replacement cost.

5.6 Notification of Trailer Fault 🔗

You must inform Us immediately if the Trailer develops any fault during the Rental Period. If You fail to notify Us and continue to use the Trailer You will be responsible for any Damage or Third Party Loss.

5.7 Repair Without Authority Prohibited 🔗

You must not let anyone else repair or work on the Trailer or tow or salvage it without Our prior written authority to do so.

5.8 Repair With Authority 🔗

1. Where We have given You Our prior authority to repair the Trailer You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.
2. You acknowledge that You are responsible for all punctures and that no claim or refund for tyres will be met without presenting the tyre in question to Us.

5.9 Staying with the Trailer after an Accident 🔗

You must not leave the Trailer unattended following an Accident and before the arrival of a tow or salvage operator. You must also take reasonable steps to secure the Trailer from further damage or theft while awaiting recovery.

6. Damage Liability and Responsibility 🔗

6.1 Liability for Damage 🔗

You accept full liability for any costs and expenses of repair or replacement relating to the Trailer in the event the Trailer is lost, stolen or there is any Damage. In the event of Damage to the Trailer or Trailer components, if the Damage cannot reasonably or economically be repaired by Us, You will be charged the new retail replacement cost of the Trailer, or component, as the case may be. This clause applies to Damage caused during Your Rental Period as established by the evidence hierarchy in clause 6.2 and subject to clause 9.3.

In the case of an Automated Hire:

1. Your photos and/or video taken at collection and at return (see clauses 5.1 and 7.5 ) form part of the evidence of the Trailer's condition, but are not the only evidence We may rely on.
2. We will also rely on the Baseline Condition Evidence, including the prior hirer's Return Condition Form and return photographs, Our CCTV footage from the Collection Site and Return Site, GPS tracking data, any periodic physical inspection records, and Our post-return inspection findings.
3. If Our records show that Damage was not present before the Start of the Rental but is present after the Trailer is returned, We may reasonably presume that the Damage occurred during Your Rental, even if Your photos or video do not show that area, unless You provide other evidence that reasonably shows the Damage occurred at another time or was caused by someone else.
4. If You fail to take and/or provide collection and return photos or video when reasonably requested by Us, or if what You provide is incomplete (for example, it does not clearly show all sides of the Trailer), You acknowledge that this may reduce the weight given to Your evidence and You may be held fully liable for any Damage that We reasonably assess from Our own records.
5. Where Damage results from the Trailer being operated contrary to the instructions or warnings provided by Us (whether verbally, in writing, or displayed on the Trailer), including but not limited to engaging tilt or hydraulic mechanisms without first releasing all securing latches or restraints, You accept full liability for that Damage and any consequential mechanical damage caused.

6.2 Evidence Standards and Burden of Proof 🔗

1. For Automated Hires, evidence of the Trailer's condition will be assessed in the following order of priority:
   1. Your Pickup Inspection Form completed at collection, including any mandatory declarations, photographic evidence, and condition reports;
   2. the Baseline Condition Evidence, including the prior hirer's Return Condition Form and return photographs, Our CCTV footage from the Collection Site and Return Site, and any periodic physical inspection records showing the Trailer's condition prior to Your collection;
   3. Your Return Condition Form and return photographs and videos as required by clause 7.5(b) ;
   4. Our post-return inspection records, photographs, CCTV footage from the Return Site, and physical inspection findings; and
   5. GPS tracking data showing the Trailer's movements, locations, and any events during the Rental Period.
2. Where Damage is identified during Our post-return inspection that was not recorded in the prior hirer's Return Condition Form, not visible in prior return photographs or CCTV footage, and not present in any periodic inspection records prior to Your Rental, there is a rebuttable presumption that the Damage occurred during Your Rental Period.
3. To rebut this presumption, You must provide clear and contemporaneous evidence that:
   1. the Damage was present before collection and You notified Us in accordance with clause 5.1(e) ; or
   2. the Damage occurred after You returned the Trailer and completed the digital return process; or
   3. the Damage was caused by circumstances wholly beyond Your control and not resulting from any act, omission, negligence, failure to comply with these Terms and Conditions, or breach of duty of care on Your part or that of any Authorised Driver.
4. If You fail to comply with Your inspection and photographic obligations under clauses 5.1 and 7.5 , including failing to take required photographs, taking photographs that do not clearly show the relevant areas of the Trailer, or failing to upload photographs when requested:
   1. You accept the accuracy and completeness of Our inspection records and photographs as prima facie evidence of the Trailer's condition;
   2. You bear the burden of proving that any Damage identified by Us was not caused during Your Rental Period; and
   3. The completeness of Our Baseline Condition Evidence is assessed by Us in Our reasonable discretion. The absence of one type of evidence (for example, CCTV at a particular site) does not render Our Baseline Condition Evidence incomplete where other evidence types are available, including GPS tracking data, prior hirer return declarations, or physical inspection records. We will only decline to rely on this clause 6.2(d) in circumstances where no Baseline Condition Evidence of any kind exists for the relevant period.
5. Where You provide photographs that cover some but not all areas of the Trailer, the Baseline Condition Evidence will be treated as prima facie evidence of the Trailer's condition in any area not clearly shown in Your photographs.
6. Where You complete any declaration in the Pickup Inspection Form or Return Condition Form confirming that photographs have been taken or uploaded, and no such photographs are present in Our system at the time of submission, that declaration will be treated as incomplete and of no evidentiary weight. The Baseline Condition Evidence will be treated as prima facie evidence of the Trailer's condition in that circumstance in accordance with clause 6.2(d).
7. Where evidence conflicts, We will make a reasonable determination based on the totality of the evidence available, giving greater weight to contemporaneous objective evidence(photographs, CCTV, GPS data) over subjective recollections or post-event statements.
8. You acknowledge that CCTV footage, GPS tracking data, and digital timestamps are admissible evidence and may be relied upon by Us to establish the Trailer's condition, location, and usage during the Rental Period.
9. Where You have ticked the declaration "I accept full liability for any undeclared damage found on return" in the Pickup Inspection Form, and Damage is subsequently identified that was not documented in that form, that declaration constitutes a prior written admission of liability for that Damage and may be relied upon by Us without further notice.

6.2A Sequential Hirer Liability 🔗

Where Damage is identified after a return and cannot be definitively attributed to a specific Rental Period from the Baseline Condition Evidence alone, the following rules apply:

1. The most recent hirer to have had possession of the Trailer bears the primary burden of proving that the Damage existed before the Start of their Rental Period. This burden is discharged only by producing clear photographic or other contemporaneous evidence showing the Damage was present before their collection;
2. Where the most recent hirer cannot discharge this burden, they are liable for the Damage regardless of whether a prior hirer may also have contributed to it;
3. Where Damage is consistent with progressive deterioration across multiple hire periods, We may at Our discretion apportion liability between hirers based on the available evidence. We will determine apportionment based on the available evidence, and You remain liable for the amount We determine unless a court or tribunal orders otherwise;
4. The fact that a prior hirer may have caused or contributed to the Damage does not reduce or extinguish the liability of a subsequent hirer who failed to document the Damage on collection in accordance with clause 5.1(d) and their Pickup Inspection Form obligations;
5. You acknowledge that Your failure to document pre-existing Damage at collection deprives Us of the ability to attribute that Damage to a prior hirer and that You bear the consequences of that evidentiary gap.

6.3 Accident-Related Costs and Loss of Use 🔗

In the event of an Accident, You are liable for:

1. All costs incurred in returning the Trailer to operational condition, including:
   1. all towing, transport and recovery charges to collect the Trailer from the Accident location;
   2. all transport costs to and from Our repair facility or any third-party repairer We engage;
   3. all storage fees incurred from the date of the Accident until the Trailer is transported to the repair facility;
   4. the full cost of all repairs, parts, labour, and materials required to restore the Trailer to its pre-Accident condition (assessed by reference to the evidence hierarchy in clause 6.2 ); and
   5. any towing or transport costs to return the Trailer to service after repairs are completed.
2. Loss of Use calculated at 150% of the highest advertised daily Hire Fee for the Trailer, accruing from:
   1. the date of the Accident; until
   2. the date the Trailer is returned to full operational condition and available for hire, as reasonably determined by Us;
   including all periods during which the Trailer is:
   3. in transit to or from any repair facility;
   4. awaiting repair scheduling, parts availability, or repairer capacity;
   5. undergoing repairs, testing, or safety certification; or
   6. subject to any other delay reasonably related to restoring the Trailer to operational condition.
3. "Returned to full operational condition" means the Trailer is safe, roadworthy, and mechanically fit to be hired to the next customer, including passing any safety inspections We reasonably require.
4. You acknowledge that Loss of Use represents Our genuine pre-estimate of lost revenue and is payable regardless of whether We actually hire the Trailer to other customers during the repair period. You acknowledge that We operate a fleet of limited size and that the unavailability of any single Trailer causes genuine operational and commercial loss, regardless of fleet utilisation at any given time.
5. All costs under this clause are in addition to any Rental Charges, late fees, cleaning fees, assessment fees, administrative fees, and any other charges under this Rental Contract.
6. Where, in Our reasonable opinion, the Trailer has suffered a permanent reduction in market value as a result of the Accident (notwithstanding repair), You are liable for that diminution in value, assessed by reference to market value before and after the Accident. We may obtain an independent valuation for this purpose, the cost of which You will also bear.
7. You are also liable for any reasonable legal costs, debt collection agency fees, or enforcement costs We incur in recovering amounts owed under this clause, on a solicitor-client indemnity basis(see also clauses 7.10 and 7.11 ).

6.4 No Coverage for Personal Property 🔗

There is no insurance cover for property left in or stolen from the Trailer or for loss or damage to property belonging to or in the custody of:

1. You;
2. any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside;
3. any relative, friend or associate of an Authorised Driver;
4. Your employees; or
5. third parties.

6.5 Overall Liability 🔗

TrailerMates accepts no liability in respect of and shall not be responsible to You for:

1. any pre-existing condition of the Trailer that was disclosed to You or reasonably discoverable by You upon collection;
2. any information or content provided by Us;
3. death or personal injury, except to the extent permitted by applicable law;
4. any incidental expenses; or
5. any charges or fines mentioned in clause 7.6.

6.6 Australian Consumer Law 🔗

Subject to the Australian Consumer Law, TrailerMates is not liable to You under or in connection with these Rental Terms and Conditions, for:

1. loss or damage incurred by You in connection with any claims made by a third party;
2. loss of profit, goodwill, business opportunity or anticipated saving suffered by You; or
3. any indirect or consequential loss or damage suffered by You.

6.7 Payment Authority for Damage and Failed Payments 🔗

1. By completing a Booking, You authorise TrailerMates to charge the payment method used for the Booking for any amounts You become liable for under these Rental Terms and Conditions, including under clauses 6.1, 6.2, 6.3, and 7.6 , without further notice, subject to Us providing You with a written breakdown of those charges. For Damage-related charges, We will provide You with a written breakdown before or at the time of processing.
2. If a charge to Your payment method is declined or unsuccessful for any reason:
   1. We will notify You in writing and You must provide an alternative payment method within 48 hours of that notice;
   2. Failure to provide an alternative payment method within 48 hours constitutes a default under clause 7.10 and interest begins to accrue from that date;
   3. We may re-attempt the original payment method at any time without further notice;
   4. We may engage a debt collection agency immediately upon payment failure without further notice to You;
   5. We may assign or sell the outstanding debt to a debt collection agency or third party, who may then deal with the debt as its owner, including reporting it to a credit reporting body; and where We obtain judgment against You in QCAT or a court, that judgment debt becomes a matter of public record and may be reflected in Your credit file; and
   6. The outstanding amount becomes a liquidated debt immediately due and payable, and We may commence proceedings in QCAT or the Magistrates Court of Queensland to recover it without further demand.
3. You acknowledge that a declined payment does not extinguish or reduce Your liability for any amount owed under this Rental Contract.

6.8 In-House Repair Election 🔗

6.8.1 Where Damage is within Our technical capability to repair, We may at Our sole discretion elect to undertake repairs in-house rather than engage an external repairer. We are not obliged to undertake any repair in-house and may at any time elect to refer the repair to an external repairer where We consider it appropriate, including where specialist equipment, certification, or insurance considerations require external work.

6.8.2 Where We elect to undertake In-House Repair, You agree to pay:

1. Our internal labour at $85.00 per hour(or such other rate as We publish from time to time on Our website, the rate applicable at the time of Damage being the rate that applies to that Damage event), being a genuine pre-estimate of Our reasonable hourly cost for skilled trailer repair labour. This rate is benchmarked against prevailing commercial trailer repairer rates in the Logan/Brisbane region (currently in the range of $110 to $165 per hour) and reflects a discount from those rates representing the absence of retail overhead, customer-facing administration, and external repairer profit margin;
2. The actual cost of parts, materials, and consumables used, supported by supplier receipts or invoices retained by Us and made available on request;
3. A handling and procurement charge on parts not exceeding 15% of the actual parts cost, reflecting Our reasonable costs of sourcing, collecting, storing, and warranting the parts used; and
4. Internal Transport costs under clause 7.5(g) where We are required to transport the Trailer to or from Our repair location.

6.8.3 We will provide You with an itemised invoice setting out:

1. the hours worked and the date(s) on which the work was performed;
2. a description of the activities undertaken;
3. the parts and materials used, with supplier receipts attached or available on request; and
4. any Internal Transport costs incurred.

6.8.4 You acknowledge and agree that:

1. In-House Repair represents a genuine and reasonable alternative to external repair and is not a punitive or arbitrary charging arrangement;
2. the rates set out in clause 6.8.2 are a genuine pre-estimate of Our reasonable internal costs and reflect the value of skilled labour, the use of Our tools, premises, and equipment, and the operational risk and quality assurance We undertake when performing repairs;
3. In-House Repair may result in faster return of the Trailer to operational condition than external repair, thereby reducing Loss of Use charges accruing under clauses 6.3 and 7.11(a) ; and
4. the application of this clause does not affect Your liability under clause 6 — it only affects the manner in which the actual cost of repair under clause 7.8(d) is calculated and invoiced.

6.8.5 Nothing in this clause requires Us to undertake any repair where doing so would, in Our reasonable opinion, compromise Trailer safety, roadworthiness, warranty, or insurance coverage. Repairs to safety-critical systems may be referred to external specialist repairers at Our discretion, and external repair costs are recoverable in accordance with clauses 6.3 and 7.8(d).

7. Rental Period, Costs and Charges 🔗

7.0 No Double Recovery 🔗

Where more than one charge under this Rental Contract would compensate Us for the same loss over the same period, We will charge only the highest of those charges for that period. This clause does not limit Our right to recover separate and distinct losses arising from the same event, and does not reduce any charge that compensates Us for a loss not otherwise recovered.

7.1 Your Rental 🔗

Your rental of the Trailer from Us is for the Rental Period and at the rate shown in the Booking Confirmation. The Rental Period commences at the Start of the Rental and ends at the End of the Rental, regardless of whether You actually collect or use the Trailer.

7.2 Extending the Rental Period 🔗

1. Extension of the Rental Period is solely Your responsibility. If You require the Trailer for longer than the Rental Period, You must extend before the expiration of the Rental Period by using the self-service "Extend Hire" function available in the booking confirmation email or SMS sent to You by Us. This is the only valid method of extending the Rental Period.
2. An extension is only effective when completed through the self-service "Extend Hire" function and confirmed by Our system. No other communication — including telephone calls, SMS messages, emails, or verbal requests — constitutes a valid extension request or approval, and no implied extension arises from any such communication.
3. Any extension is subject to availability. If the "Extend Hire" function is unavailable due to the Trailer being booked by another hirer, no extension is possible and You must return the Trailer by the scheduled return time.
4. We may from time to time send You SMS or email prompts regarding the upcoming expiry of Your Rental Period. Receipt of any such prompt does not constitute an offer of extension, an approval of extension, or any waiver of Our rights under clause 7.3. Late return charges apply automatically from the scheduled return time regardless of any prompt We send.
5. Failure to extend before the expiration of the Rental Period will result in late return charges under clause 7.3. This applies regardless of any subsequent attempt to contact Us by any means.

7.3 Late Return Fees 🔗

1. You are allowed a 15-minute grace period after the scheduled return time shown in the Booking Confirmation. If You fail to return the Trailer within this 15-minute grace period, late return charges will begin to accrue.
2. For the purposes of this clause 7.3 :
   1. the "Late-Hour Rate" means the hourly charge set out in Annexure C for the Trailer type hired, calculated as 150% of the hourly equivalent of the shortest published hire band for that Trailer type, with a minimum floor of $20.00 per hour;
   2. the Trailer is "overdue" from the scheduled return time shown in the Booking Confirmation, regardless of the 15-minute grace period under sub-clause (a);
   3. worked examples of the calculations in this clause are set out in Annexure B and form part of these Terms.
3. Late return charges are calculated as follows:
   1. For the first 3 hours of late return(from 15 minutes after the scheduled return time): the Late-Hour Rate for the Trailer type, charged for each hour or part thereof;
   2. A flat Late Return Fee of $50.00 is charged when the Trailer is more than 30 minutes past the scheduled return time. This fee is in addition to all other charges under this clause and represents a genuine pre-estimate of Our operational costs including staff time, follow-up communications, GPS monitoring, and coordination required to manage an overdue Trailer regardless of time of day or day of week;
   3. Once the Trailer is more than 3 hours late: a daily usage charge calculated at 150% of the highest advertised single-day Hire Fee for the Trailer applies for the first 24-hour period or part thereof from the point the Trailer became overdue. This daily charge replaces (and is not additional to) the hourly charges under sub-clause (i), save that the flat Late Return Fee under sub-clause (ii) continues to apply;
   4. For each 24-hour period (or part thereof) beyond the first 24 hours of lateness: the daily charge increases to 200% of the highest advertised single-day Hire Fee, reflecting the escalating operational and reputational harm caused by extended unauthorised retention of the Trailer, including loss of subsequent hire opportunities, recovery resource deployment, and the increased likelihood of damage or loss;
   5. You acknowledge that late return — even for short periods — causes genuine operational disruption including after-hours staff contact, system monitoring, communication with subsequent hirers, and potential loss of hire opportunities, and that these charges represent a genuine pre-estimate of Our loss regardless of the duration of Your original booking.
4. All charges under this clause are automatically processed and charged to Your saved payment method in accordance with clause 7.9 , without further notice or authorisation required from You.
5. These late return charges are in addition to any other charges under the Rental Contract, including but not limited to costs for damage, cleaning, tolls, fines, recovery efforts, and administration fees.
6. Displaced-booking loss. Where Your late return causes Us to delay, modify, refund, or cancel any subsequent booking by another hirer, You are additionally liable for:
   1. the full hire value of the delayed, modified, or cancelled subsequent booking;
   2. any refund, credit, or compensation We pay to the affected hirer as a direct consequence of Your late return; and
   3. any reasonable costs incurred by Us to mitigate the disruption, including costs of substitute trailer provision, communication, and customer service resources.
   This liability under sub-clause (f) is separate from and in addition to the late return charges under sub-clause (c).
7. If You fail to request and obtain Our approval for an extension of the Rental Period before the expiration of the Rental Period and fail to return the Trailer within 30 minutes of the scheduled date and time shown in the Booking Confirmation, We may:
   1. terminate the Rental Contract; and
   2. if the location of the Trailer is known, recover it by lawful means or, if it is unknown, after making at least three attempts to contact You by phone and one attempt by SMS or email over a minimum period of 1 hour, report the Trailer as stolen to the Police.
8. If the Trailer is more than 2 hours late without approved extension or contact from You, We reserve the right to report the Trailer as stolen to the Police and commence recovery proceedings. You remain liable for all late return charges, recovery costs, and any other fees incurred until the Trailer is returned to Us, including:
   1. Police liaison and coordination time charged at Our administration rate;
   2. locksmith, towing, or trailer retrieval costs;
   3. private investigator or process server fees where required to locate the Trailer or serve legal process;
   4. legal costs on a full indemnity basis; and
   5. any loss of hire or consequential losses arising under sub-clause (f) above.

7.4 Cancellation by You 🔗

1. If You cancel Your booking 24 hours or more before the scheduled Start of the Rental, We will refund any pre-paid Rental Charges in full, subject to clause 8.1 and any non-refundable booking or holding fee expressly stated in the Rental Agreement.
2. If You cancel Your booking less than 24 hours before the scheduled Start of the Rental, or if You attempt to cancel after the Start of the Rental or after You have collected the Trailer, You are not entitled to any refund of Rental Charges. At Our sole discretion, We may offer a credit note valid for 30 days for a future booking, delivered to You by email voucher. No credit will be given unless confirmed in writing by Us and evidenced by an email voucher sent to Your registered email address.
3. If You fail to pick up the Trailer at the Start of the Rental and You have not contacted Us to cancel or amend the booking, this will be treated as a 'No Show'. In the case of a No Show, You are not entitled to any refund or credit of the Rental Charges, regardless of whether We are able to rent the Trailer to another hirer.
4. A cancellation or amendment is not effective until acknowledged and confirmed by Us.

7.4A Cancellation by Us — Eligibility and Verification Failures 🔗

We reserve the right to cancel or terminate a Booking at any time where:

1. We become aware that You do not meet the age requirements in clause 2.2 , including where You have provided false information about Your age during the booking process;
2. You fail to complete identity verification to Our satisfaction, including where You upload a document other than a current Australian driver's licence (for example, a passport, foreign licence, or expired document) as Your verification document;
3. The selfie or identity image submitted through Our verification process does not, in Our reasonable opinion, match the licence photograph provided; or
4. We are otherwise unable, despite reasonable efforts, to verify Your identity or eligibility.

Where We cancel under this clause:

1. If cancellation occurs 24 hours or more before the scheduled Start of the Rental, We will refund any pre-paid Rental Charges in full, less any non-recoverable merchant processing fees;
2. If cancellation occurs less than 24 hours before the scheduled Start of the Rental, You are not entitled to any refund of Rental Charges. At Our sole discretion, We may offer a credit note valid for 30 days, delivered to You by email voucher. No credit will be given unless confirmed by Us in writing;
3. Where You provided false or misleading information to obtain the Booking, You are not entitled to any refund regardless of when the cancellation occurs; and
4. Where identity verification fails but You believe this is an error, You may request re-verification if sufficient time remains before the Start of the Rental. We will make reasonable efforts to facilitate re-verification but are not obligated to delay the Start of the Rental to accommodate it.

7.5 You Must Return the Trailer to TrailerMates 🔗

1. at the Return Site, on the date and by the time shown in Your Booking Confirmation, unless You have informed TrailerMates of a change prior to the return date and time and TrailerMates has consented to the change in writing;
2. You must park the Trailer in the designated area at the Return Site, ensure it is level and stable, secure it using any lock, hitch lock and/or wheel clamp supplied, and place all keys in the secure lock box on the trailer or as otherwise directed by Us. You must complete the Return Condition Form and upload photographs using the available photo slots showing the Trailer's condition at return. The required views are: front view, rear, left side, and right side of the Trailer. You are strongly encouraged to take additional photographs on Your own personal device, including close-up images of the drawbar, coupling, ramps, hydraulic system, wheels and tyres. These personal photographs are Your own evidentiary record. Where Damage is identified in an area not covered by Your system photographs, the absence of personal photographic evidence will be at Your own evidentiary risk;
3. You must not return the Trailer to any other location(for example by leaving it on the street, verge or a third-party property) without Our prior written agreement. If You return or leave the Trailer anywhere other than the Return Site, or fail to comply with clause 7.5(b) so that the Trailer is not properly secured, You:
   1. remain responsible for the Trailer and any Damage or theft until We recover it; and
   2. may be charged a non-return fee of $200 plus a per-kilometre recovery charge (calculated from the Return Site to the location of the Trailer) at Our current published rate, currently $2.50 per kilometre, representing a genuine pre-estimate of Our vehicle operating costs, fuel, staff time and overheads, in addition to any towing, storage or other recovery costs. This rate may be updated from time to time on Our website and the rate applicable at the time of recovery will apply.
4. You are also liable for all freight and other charges We or You incur in respect of the delivery and return of the Trailer.
5. You must return the Trailer:
   1. on the date and by the time as notified to You at the time of booking (or as otherwise agreed in writing);
   2. in a reasonable state of cleanliness. If, in Our reasonable opinion, additional cleaning is required (for example where mud, concrete, rubbish, green waste or other material has been left in or on the Trailer), a standard cleaning fee of $75 will apply, and further reasonable charges may be applied if specialised cleaning or waste disposal is required; and
   3. in the same condition it was in at the Start of the Rental, fair wear and tear excepted.
6. If You return the Trailer:
   1. earlier than the date shown in the Booking Confirmation, whether voluntarily or as directed by Us following termination of the Rental Contract, there is no entitlement to a refund of any unused portion of the Rental Charges; or
   2. at any time outside Our normal business hours, You must pay for the daily Rental Charges and all Damage until the start of the next business day unless We have agreed to an after-business hours drop off and it is shown on the Rental Agreement.
7. Internal Transport

   Where We are required to transport the Trailer using Our own vehicles in connection with Damage, repair, recovery, or return to operational condition, You agree to pay an Internal Transport charge calculated as follows:

   1. for transport using a standard vehicle: $2.50 per kilometre travelled (return distance), being the rate referenced in clause 7.5(c) ;
   2. for transport using a heavy-duty four-wheel-drive vehicle where, in Our reasonable opinion, the size, weight, or configuration of the Trailer requires such a vehicle: $3.50 per kilometre travelled (return distance), reflecting the higher fuel consumption, specialist tyre wear, accelerated servicing requirements, and operational costs associated with heavy towing;
   3. plus driver labour at the internal labour rate set out in clause 6.8.2(a) for the duration of the transport;
   4. plus tolls, parking, or any other reasonable third-party costs incurred during transport.

   Internal Transport charges represent a genuine pre-estimate of Our actual operating costs(including fuel, tyre wear, servicing, depreciation, and labour) and are payable whether or not the transport could have been performed by an external transport provider. Where external transport is engaged instead of Internal Transport, the actual external transport costs are payable under clauses 6.3 and 7.8(d).

7.6 Fines and Infringements 🔗

1. You and any Authorised Driver must pay:
   1. all tolls;
   2. fines or charges imposed for parking;
   3. infringements and fines imposed for speeding and other driving offences; and
   4. fines or charges imposed for release of the Vehicle if it has been seized by a regulatory authority.
2. All toll charges will be charged a $50.00 administration fee plus the value of the toll fee and all other charges levied by the toll provider for each unpaid toll incurred.
3. All penalty and traffic infringement fines (e.g. but not limited to, exceeding speed limit, red light camera and parking fine) will be charged a $100.00 administration fee, plus the value of the fine or penalty applicable in addition to any charges levied by the issuer of the fine, penalty or traffic infringement.
4. You must notify TrailerMates in writing in accordance with clause 13 as soon as You become aware that a fine, penalty, traffic infringement or toll has been incurred.
5. There is no time limit on Our right to charge You for tolls or fines relating to Your Rental Period, even if We receive notice after the End of the Rental.

7.7 Post Rental Inspection (Automated Hires) 🔗

1. For Automated Hires, You must complete the digital return process at the End of the Rental, including completing the Return Condition Form and uploading clear, time-stamped photos and/or video of the Trailer as directed by Our online system or application.
2. Once You have:
   1. parked and secured the Trailer at the Return Site in accordance with clause 7.5 ; and
   2. submitted the completed Return Condition Form with all required photos and/or video,
   the Rental is deemed to have ended, subject to any Damage or other breaches identified under clauses 6 and 12.
3. You acknowledge and agree that Our own post-rental inspection will usually occur after You have returned the Trailer and completed the digital return, and that You are not required or entitled to be present for that inspection.
4. Our post-rental inspection may include physical inspection of the Trailer, Our own photos or video, written condition reports, tracking data and/or review of CCTV footage from the Collection Site, Return Site and any other relevant location. Your uploaded photos and/or video form part of the evidence of the Trailer's condition but are not the only evidence We may rely on.
5. If the photos and/or video You upload do not comply with Our requirements(for example they do not clearly show all sides of the Trailer, the drawbar, ramps, hydraulics, wheels and tyres), or if You fail to complete the digital return process, We may:
   1. treat the Rental as not properly ended and charge additional Rental Charges and any Late Return Fee until the Trailer is correctly returned and recorded; and/or
   2. give reduced weight to Your images when assessing the condition of the Trailer, and rely on Our own records and inspections in accordance with clauses 6.1 and 6.2.
6. If Damage is detected during or after Our inspection, We will notify You as soon as is reasonably practicable and may charge You in accordance with clauses 6 and 7.9.

7.7A Binding Effect of Return Condition Form Declarations 🔗

By completing the Return Condition Form and ticking each declaration, You make the following binding contractual admissions, each of which may be relied upon by Us in any subsequent dispute, payment claim, or legal proceeding:

1. Hire experience: Where You confirm that Your hire was trouble-free, You acknowledge that no fault, defect, unsafe condition, or incident was experienced during the Rental Period that was not separately notified to Us in accordance with clause 5.6 ;
2. Trailer condition: Where You confirm that the Trailer is in the same condition as at pickup, You make a binding representation that the Trailer was returned without damage beyond fair wear and tear, as assessed by Your own inspection immediately prior to return;
3. No damage during hire: Where You confirm that the Trailer is undamaged, You make a binding admission that no damage was caused to or occurred in relation to the Trailer during Your Rental Period. This declaration may be relied upon by Us as evidence that any damage subsequently identified was either pre-existing (in which case clause 6.2 applies) or was caused by You and not declared;
4. Cleanliness: Where You confirm that the Trailer is being returned clean and free of concrete, dirt and oil, You make a binding representation as to its cleanliness at return. Where the Trailer is subsequently found to require cleaning, a cleaning fee applies in accordance with clause 7.5(e) ;
5. Photographic evidence: Where You complete the return photograph step, You warrant that:
   1. all required photographs have been uploaded to Our system at the time of submission;
   2. the photographs clearly show all areas of the Trailer, including those listed in clause 7.5(b) ;
   3. where no photographs are present in Our system at the time of return form submission, this declaration is taken to be false and of no evidentiary weight, and the Baseline Condition Evidence will be treated as prima facie evidence of the Trailer's condition in accordance with clauses 6.2(d) and 6.2(f) ;
   4. where damage, defects or any other issue with the Trailer cannot be fully captured within the available photo slots, You must also submit an Issue Report at www.trailermates.com.au/feedback---issue-reporting, describing the damage, defect or issue, identifying where on the Trailer it is located, and attaching any further photographs. Submitting an Issue Report does not substitute for Your obligations under clauses 5.6 and 11 ; and
   5. entries in the notes section of the Return Condition Form do not constitute formal notification under clause 5.6 or clause 11 - separate telephone notification to Us at 0420 399 277 is required for any fault, damage or Accident.

7.8 End of the Rental 🔗

At the End of the Rental You must:

1. complete the Return Condition Form provided in Your booking email, confirming the return condition of the Trailer;
2. ensure that all standard Rental Charges for the Rental Period are settled. Where payment was collected in advance at booking, no further payment is required for standard Rental Charges unless additional charges apply under this clause or elsewhere in this Rental Contract;
3. a Damage Assessment Fee of $150 is automatically charged to Your payment method upon the earlier of: (i) Our booking system flagging Your return as "Issue Reported"; (ii) Our receipt of an Accident report under clause 11 ; or (iii) Our identification of Damage or potential Damage during post-return inspection. This fee is the first charge processed after the End of the Rental where Damage is identified or suspected and is charged before any repair invoice is issued.

   The Damage Assessment Fee is a flat composite fee representing a genuine pre-estimate of the aggregate reasonable costs of Our damage response process. You acknowledge and agree that:

   1. The fee is a composite pre-estimate and is payable in full regardless of which specific cost components are incurred in any individual assessment. The fee does not require Us to demonstrate that every cost component was incurred in Your specific case, or that any particular component reached the value of $150;
   2. The fee is calculated by reference to the aggregate of costs across Our damage response activities, which may include any or all of the following: attending the Collection Site, Return Site, or any other location where the Trailer is held; time spent inspecting, photographing, and documenting the Trailer's condition; minor repairs or adjustments required to make the Trailer available to the next hirer; preparation of condition reports, damage assessments, and evidence packages; and coordination with repairers, assessors, recovery services, or insurers;
   3. The fee applies regardless of the time of day, day of the week, or whether the inspection is conducted at a location that coincides with Our registered business address or principal place of operations. The proximity of the Trailer to any particular address does not reduce or eliminate the fee, as the fee represents the aggregate cost of the entire damage response process, not solely travel or attendance costs;
   4. The fee applies whether the damage assessment is conducted remotely using photographic evidence, CCTV footage, or GPS data, or by physical attendance. A remote assessment involves staff time, system access, evidence review, and reporting activities that independently justify the fee;
   5. The fee reflects a genuine pre-estimate based on Our historical average costs across all damage response activities. Individual assessments may cost more or less than $150 — the fee is not a reimbursement of actual costs in any specific instance but a pre-agreed liquidated amount representing Our reasonable estimate of average cost; and
   6. Where damage assessment requires multiple attendances, specialist assessment, or assessment at a location requiring significant travel, additional assessment fees above $150 may be charged. Any additional fees will be communicated to You in writing before processing.

   The Damage Assessment Fee is separate from and does not overlap with Administrative Fees under clause 7.11(b). The Damage Assessment Fee covers the physical inspection and assessment process. Administrative Fees under clause 7.11(b) cover subsequent processing of claims, disputes, and enforcement actions that arise after the assessment is completed.

4. following Our damage assessment, You will be invoiced for the actual costs of repair or replacement, which may include:
   1. any costs We incur in reinstating the Trailer to its condition at the Start of the Rental, fair wear and tear excluded, including cleaning, minor repair costs, In-House Repair charges under clause 6.8 , and Internal Transport charges under clause 7.5(g) ;
   2. all damages arising from any breach of this Rental Contract including Major Breaches;
   3. all Underbody Damage; and
   4. any Damage caused by the immersion of the Trailer in water or other forms of misuse;
5. invoices for damage costs will be issued within 30 days of Our damage assessment being completed and are payable within 14 days of the invoice date. You authorise Us to charge Your payment method under clause 7.9 for these amounts at the time of invoicing.

7.9 Payment Authorisation 🔗

If any amount is due to Us or remains unpaid, including but not limited to:

1. Rental Charges, including any Late Return Fees (both the $50 flat fee and the tiered usage charges) and Non-Return Fee referred to in clauses 7.3 and 7.5 ;
2. extra cleaning costs including the standard cleaning fee referred to in clause 7.5(e)(ii) ;
3. the full cost of repairs or replacement due to Damage, as assessed post-rental;
4. any other incidental charges as outlined in this Agreement, including toll administration fees, traffic infringement administration fees and any Loss of Use;
5. an Access Code misuse fee of $100 where You share, disclose or allow another person to use Your Access Code to collect or attempt to collect or return any Trailer without Our consent (which may also result in immediate termination of the Rental Contract); or
6. an improper return/non-return fee as described in clause 7.5(c) (currently $200 plus $2.50 per kilometre for any recovery We reasonably undertake at the rate current at the time of recovery), together with any Damage, theft or recovery costs arising from Your failure to properly return or secure the Trailer;

You hereby authorise Us to process the payment using the details provided at the start of the Rental. This may include:

1. debiting Your credit card;
2. direct debit from Your bank account, subject to prior arrangement;
3. payment via an online payment platform(e.g., Square, Stripe); or
4. any other payment method agreed with You.

Where the Hirer is a company or business entity, the individual completing this booking personally guarantees all amounts owed under this Rental Contract.

For Damage-related charges, We will provide You with a written breakdown at or promptly after the time of processing. Standard fees(late return, cleaning, access code misuse) that are clearly specified in these Terms and Conditions will be processed within 7 days of the End of the Rental. Damage-related charges will be processed within 30 days after the final assessment of any damages. Should the preferred method of payment be insufficient to cover the costs, You agree to provide an alternative payment method promptly upon request.

7.10 Default in Payment 🔗

If You default in the payment of any moneys owed to Us under the Rental Contract:

1. You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due; and
2. We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission, and any legal costs.
3. We may assign, sell, or transfer any debt You owe Us under this Rental Contract to a debt collection agency or other third party at any time after default, without further notice to You. On assignment, the assignee acquires all Our rights in respect of the debt, including the right to recover it and to deal with it as its owner.

7.11 Recovery of Costs 🔗

In addition to any other rights under this Rental Contract or at law, You must pay on demand all losses, costs, expenses, and liabilities(whether direct, indirect, or consequential) We reasonably incur arising from or in connection with Your Rental, any breach of this Contract, Damage, theft, non-return, disputes, or enforcement actions. This includes, but is not limited to:

1. Loss of Use: Calculated at 150% of the highest advertised daily Hire Fee for the Trailer for each day (or part thereof) the Trailer is unavailable due to Damage, repair, recovery, cleaning, or non-return, representing Our genuine pre-estimate of lost revenue;
2. Administrative Fees: Up to $100 per instance(or Our actual substantiated costs if higher) for processing fines, tolls, damage claims, disputes, or other matters, as a genuine pre-estimate of staff time (at $50/hour), documentation, and overheads;
3. Trailer Recovery Fee: If We are required to attend to or arrange recovery of the Trailer (for example, in the event of an Accident, breakdown, theft, non-return, improper return, or any breach of the Rental Contract), You will be liable for a recovery administration fee comprising:

   (A) a base fee of $350.00, being a genuine pre-estimate of the first four hours of Our recovery coordination work. That work is incurred in every recovery regardless of its outcome and includes initial contact attempts, interrogation of tracking data, assessment of the Trailer's status and location, decisions as to the appropriate recovery method, and the opening and documenting of a recovery file; and

   (B) $85.00 per hour, or such other rate as We publish from time to time on Our website (the rate applicable at the time of the recovery being the rate that applies to that recovery), for each further hour or part thereof of Our recovery coordination work. That rate is the internal labour rate set out in clause 6.8.2(a) and reflects the skilled, time-critical and operationally disruptive nature of recovery work, which may include liaison with Police, tow and salvage operators, repairers, storage providers, subsequent hirers and Your nominated contacts, attendance at any location where the Trailer is held, and the preparation of recovery records and evidence.

   We will record Our recovery coordination time contemporaneously and will make those records available to You on request. There is no maximum amount payable under this sub-clause (c). Travel undertaken by Us in connection with a recovery is charged separately under clause 7.5(g) and is not included in the base fee. This fee is in addition to:

   1. all actual freight, towing, storage, salvage, repossession, and other third-party charges We incur in connection with the recovery (which may exceed the recovery administration fee);
   2. Loss of Use as per subclause (a) above;
   3. any applicable administrative fees as per subclause (b) above;
   4. interest on overdue amounts at 10% per annum as per clause 7.10 ; and
   5. all other costs, damages, or liabilities under clauses 6, 7.3, 7.10, 10, and 12 , including legal and enforcement costs on an indemnity basis.
4. Assessment and Inspection Fees: A Damage Assessment Fee of $150 as defined in clause 7.8(c) and Section 16, plus additional assessment fees where complex or multiple attendances are required;
5. Other Incidental Costs: Cleaning (minimum $75, or actual if specialised), waste disposal, toll/fine admins (as per 7.6 ), and any third-party claims handling;
6. Payment Dispute and Chargeback Costs: If You initiate, authorise, or cause any payment dispute, chargeback, reversal, or claim through Your payment provider, card issuer, or any financial institution (including but not limited to claims for "item not received" , "service not provided" , "unauthorized transaction" , "duplicate charge" , or any similar dispute), and We reasonably determine that such dispute is false, fraudulent, without merit, or brought in bad faith, You must pay:
   1. all payment processor fees, including chargeback fees, dispute handling fees, counter-dispute fees, any currency conversion fees or cross-border transaction fees, and any account reserve, hold, or limitation fees imposed on Our payment processing account as a result of Your dispute;
   2. professional time and labour costs at $86 per hour(or such higher rate as We publish from time to time on Our website, representing Our genuine pre-estimate of staff costs, overheads, and time value) for gathering, reviewing, and preparing evidence, responding to dispute inquiries, liaising with payment processors and financial institutions, and pursuing recovery;
   3. evidence and documentation costs, including police report fees, statutory declaration fees, CCTV footage retrieval and processing fees, GPS tracking data reports, and expert assessment or forensic analysis fees;
   4. reasonably foreseeable consequential losses arising directly from Your dispute, including any payment processor account reserves, holds, or limitations imposed on Us as a direct result of Your chargeback, lost revenue from Trailers held as evidence during the dispute period, and increased payment processing fees directly resulting from Your dispute activity;
   5. legal costs on an indemnity basis if We are required to pursue recovery through debt collection agencies, QCAT, Magistrates Court, or any other tribunal or court; and
   6. interest on all unpaid amounts at the rate specified in clause 7.10 , accruing from the date We incur each cost.
7. For the avoidance of doubt:
   1. a dispute is considered "false, fraudulent, or without merit" if You authorised the transaction and received the service (including by collecting and using the Trailer), the dispute contradicts evidence We hold (including booking records, Access Code usage, CCTV footage, GPS data, or Stripe Identity verification records), You fail to respond to reasonable requests for information or clarification before filing the dispute, the dispute is resolved in Our favour by the payment processor, card issuer, or any tribunal or court, or You admit to authorising the transaction or receiving the service after filing the dispute. A dispute resolved in Your favour solely due to Our procedural failure to respond within the payment processor's prescribed timeframes is still considered without merit if We can demonstrate the underlying charge was valid;
   2. before initiating any payment dispute or chargeback, You must first contact Us in reasonable good faith in writing using the details in clause 13 and allow Us 5 business days to respond and attempt to resolve Your concern. Failure to do so will be treated as evidence of bad faith in any subsequent dispute proceeding;
   3. these costs are in addition to the original Rental Charges and any other amounts You owe under this Rental Contract;
   4. We may charge these costs to Your saved payment method in accordance with clause 7.9 , or pursue recovery through any lawful means; and
   5. nothing in this clause limits Our right to report fraudulent disputes to police, payment processors, fraud prevention agencies, ACCC, or credit reporting bodies in accordance with Our Privacy Policy.

You irrevocably authorise Us to charge the credit or debit card used for Your initial booking (which is captured and securely stored via Our payment processor, Stripe) for all amounts under this clause, plus any applicable processing fees charged by Stripe. This authorisation extends to deducting from any security deposit (if held) or via other authorised payment methods (per clause 7.9 ), and applies without further notice in the event of a breach or outstanding liability. Failure to pay constitutes a Major Breach(per clause 12 ), allowing immediate recovery actions. Nothing limits Our rights under ACL.

7.12 Indemnity 🔗

1. You agree to indemnify, defend and hold harmless TrailerMates, Our officers, employees, agents and contractors against all third-party claims, demands, actions, damages, losses, costs and expenses (including reasonable legal costs on an indemnity basis) arising from or in connection with:
   1. Your use or operation of the Trailer;
   2. any breach of this Rental Contract by You or any Authorised Driver;
   3. any negligent, reckless, unlawful or prohibited act or omission by You or any Authorised Driver in connection with the Trailer;
   4. any damage to third party property caused by the Trailer during the Rental Period;
   5. any personal injury to third parties arising from Your use of the Trailer; and
   6. any regulatory claims, fines, penalties or enforcement actions arising from Your use of the Trailer, including but not limited to toll road violations, parking fines, traffic infringements, and environmental violations.
2. This indemnity does not apply to the extent that any claim, loss or damage arises directly and solely from:
   1. Our negligence or wilful misconduct before the Start of the Rental; or
   2. any breach of a non-excludable guarantee under the Australian Consumer Law relating to the supply of the Trailer itself.

For the avoidance of doubt, once the Trailer is removed from the Collection Site, You bear full responsibility for all third-party claims, including claims arising from accidents caused in whole or in part by third parties, road conditions, weather events, or any other circumstance. You are responsible for ensuring You hold adequate insurance to meet any liability that may arise during the Rental Period. Our indemnity under this clause is not reduced or affected by the fault or contributory negligence of any third party.

3. Where both parties contribute to a loss arising solely from Our pre-hire negligence, liability will be apportioned according to the respective degree of fault.
4. You must:
   1. notify Us immediately of any third-party claim or potential claim;
   2. not admit liability, settle or compromise any claim without Our prior written consent;
   3. provide reasonable assistance and cooperation in the defence of any claim; and
   4. allow Us to assume control of the defence and settlement of any claim at Our discretion.
5. This indemnity survives the End of the Rental and continues in full force for any claims arising from Your Rental Period.

7.12A Additional Indemnity — Backstop 🔗

Without limiting clause 7.12 , and as a separate and independent obligation:

1. You agree to indemnify Us against all losses, costs, and expenses arising from any claim by a third party that is caused or contributed to by Your use of the Trailer;
2. You agree to indemnify Us against all costs We reasonably incur in enforcing Our rights under this Rental Contract, including debt collection costs, legal costs, QCAT filing fees, and administrative costs, on a full indemnity basis;
3. This indemnity survives the End of the Rental and continues until all claims that could arise from Your Rental Period are statute-barred under Queensland law.

7.13 Joint and Several Liability 🔗

1. Where more than one person is party to or connected with a Booking, including where the person who makes or pays for the Booking is different from the person who collects, tows or uses the Trailer, and including each Authorised Driver and each person bound under clause 2.3B(c) or paragraph (b) of this clause, each of those persons is jointly and severally liable to Us for all amounts properly payable under the Rental Contract. We may recover the whole of any such amount from any one of them, or from any combination of them, without first pursuing any other and without any obligation to apportion.
2. Any person who uses an Access Code to release the Trailer from the Collection Site, or who tows or uses the Trailer, and who has not otherwise accepted these Terms and Conditions, accepts them by that conduct and is bound by them as if they were the Hirer. Clause 5.1(g) applies to that person as it applies to You.
3. Amounts to which this clause applies include the Rental Charges and any fees, costs, Damage, loss, cleaning charges, recovery costs, late return charges and administration fees payable under the Rental Contract and calculated in accordance with these Terms and Conditions.
4. Where a person is bound only by conduct under paragraph (b) and has not accepted these Terms and Conditions under clause 2.3B(c) or otherwise, We will claim from that person Our actual and substantiated loss in place of any amount that is calculated as a percentage of the Hire Fee, or as a fixed or pre-estimated fee, under clauses 6.8, 7.3, 7.8(c) or 7.11. This paragraph does not limit Our rights against the Hirer, or against any person who has accepted these Terms and Conditions, in respect of the same loss.
5. The release, settlement or discharge of any one person liable under this clause does not release, settle or discharge any other person, except to the extent of any payment actually received by Us.

8. Refund and Cancellation Policy, Amendments 🔗

8.1 Refunds and Cancellations 🔗

Refunds and Cancellations are subject to the following conditions:

1. The general cancellation and No Show rules are set out in clause 7.4. This clause 8.1 explains how any refund is calculated where a refund is payable.
2. Where You cancel a booking 24 hours or more before the Start of the Rental in accordance with clause 7.4(a) , We will refund any pre-paid Rental Charges in full, less:
   1. any non-refundable booking or holding fee that is expressly stated in Your Rental Agreement; and
   2. any non-recoverable merchant processing fee(currently approximately 1.75% + $0.30 per transaction for Stripe, or as otherwise notified).
3. For certain long-term or special bookings, where We agree to reserve a Trailer for You more than one week in advance, We may charge a non-refundable holding and cancellation fee of $20 per week(or part thereof) calculated from the time of booking until the originally scheduled Start of the Rental. If such a fee applies it will be clearly disclosed to You at the time of booking and will not be refunded if You cancel, even if You give more than 24 hours' notice.
4. Any cancellation, amendment or other notice given under this clause 8 must be given by email to support@trailermates.com.au . No cancellation or amendment is effective unless and until it is given by that means, received by Us, and acknowledged and confirmed by Us in accordance with clause 7.4(d).
5. We may, at Our sole discretion, accept a cancellation, amendment or notice given by another means, including by SMS to a number notified by Us or through Our online booking system, where We are satisfied as to its authenticity, its content and the identity of the person giving it. Our acceptance of a notice given by another means on one occasion does not oblige Us to accept a notice given by that means on any other occasion, and does not vary the requirement in paragraph (d).

8.2 Amendments to Bookings 🔗

Any amendments to bookings prior to the Start of the Rental including, but not limited to, changing the time, date, location of the hire, or in the case of Trailer hire, the Trailer size, will incur a $10 change fee.

9. Occupational Health and Safety Requirements 🔗

9.1 Safe Operation Obligations 🔗

As the holder of a current drivers' licence, You understand and acknowledge the obligation You have to safely operate the Trailer on any type of designated or undesignated roadway, or property access way, in accordance to the state or territory road safety rules that apply to Your rental.

9.2 Support and Competency for Safe Trailer Operation 🔗

Our support for Your safety is to ensure You have the basic understanding of Your Trailer hire. TrailerMates is not an authorised trainer or assessor in safe driving or towing. If at any time You feel You are not competent to operate the Trailer, We recommend You do not hire the Trailer at this point and contact an authorised training organisation and/or state transport authority.

9.3 Trailer Condition and Roadworthiness 🔗

1. Every effort is undertaken to ensure that the Trailer is in a safe and roadworthy condition at the Start of each Rental, but You must not use the Trailer if You have any doubts about its safety or roadworthiness and You must report this immediately to TrailerMates. You acknowledge that under the Transport Operations (Road Use Management) Act 1995 and Your inspection obligations under clause 5.1 , it is Your responsibility as the driver to satisfy yourself that the Trailer is roadworthy before removing it from the Collection Site.
2. Where a defect in the Trailer existed before the Start of the Rental but was not present at the time the Trailer was last returned(as evidenced by the Baseline Condition Evidence, including the prior hirer's Return Condition Form, return photographs, CCTV footage from the Return Site, GPS tracking data, or any periodic physical inspection records) and was caused or contributed to by a prior hirer's breach of their rental contract, We are not liable for that defect to the extent permitted by law, provided We had no reasonable opportunity to inspect and remedy the Trailer before Your collection.
3. "Reasonable opportunity to inspect" will be assessed having regard to the time between the prior hirer's return and Your collection, Our operational hours and staffing, and whether You raised any concern at or before the time of collection.
4. For the avoidance of doubt, because TrailerMates operates an Automated Hire model without staff present at Collection Sites, physical inspection between consecutive hires may not be practicable. In such circumstances, the Pickup Inspection Form completed by each hirer at the time of collection is the primary mechanism for identifying and recording any change in condition.

9.4 Maintenance and Reporting Responsibilities 🔗

As part of the hire program and in addition to these Terms and Conditions, it is Your responsibility to remove any rubbish or sharps and to report any identified or potential faults with the Trailer immediately to TrailerMates.

10. Accidents or Breakdowns 🔗

10.1 Breakdown Assistance and Renter Responsibilities 🔗

We will provide You with a Trailer that is of acceptable quality and in good working condition taking into account the age of the Trailer, but breakdowns do occur. If the Trailer breaks down during the Rental Period You must:

1. stop using the Trailer as soon as it is safe to do so; and
2. contact Us immediately on 0420 399 277 to arrange assistance and follow any reasonable directions We give You.

We will recover and repair the Trailer as soon as reasonably possible and, if it cannot be repaired, We will use Our best endeavours to provide a replacement Trailer where one is available.

However, if in Our reasonable opinion the breakdown was caused or contributed to by:

1. Your actions or conduct;
2. misuse, negligence or overloading;
3. use in a prohibited area; or
4. failure to take reasonable preventative steps,

then:

1. You forfeit any right to a refund, credit or reduction of the Rental Charges for the Rental Period;
2. We are not obliged to provide a replacement Trailer or extend the Rental Period; and
3. You are liable for all Damage to the Trailer and all reasonable costs We incur to recover, repair or replace the Trailer (including towing, recovery, storage and call-out fees).

Nothing in this clause limits any rights You have under the Australian Consumer Law which cannot be excluded.

You must not let anyone else repair, modify, tow or salvage the Trailer, or arrange any repair or recovery work, without Our prior written authority to do so, except to the minimum extent necessary to secure the Trailer and make the immediate situation safe in an emergency. Unauthorised repairs will not be reimbursed and may constitute a Major Breach of the Rental Contract.

10.2 🔗

Subject to the Australian Consumer Law, We are not responsible for:

1. loss of enjoyment; or
2. consequential or economic loss.

10.3 🔗

Tyre punctures and changes are Your responsibility during the Rental Period. We are not responsible for tyre changing or roadside assistance in the event of a puncture. You must use the spare wheel supplied with the Trailer and ensure access to a suitable jack and wheel brace as per clause 5.5(d).

11. Accident Reporting 🔗

11.1 Immediate Reporting and Documentation Requirements 🔗

If You or an Authorised Driver has an Accident or if the Trailer is stolen You must report the Accident or theft to Us immediately by telephone to 0420 399 277 , followed by written notification and a fully completed Accident/Theft report form within 24 hours.

11.2 🔗

If the Trailer is stolen or if You or an Authorised Driver of the Trailer has an Accident where:

1. any person is injured;
2. the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or
3. the other party appears to be under the influence of drugs or alcohol,

You or the Authorised Driver must also report the theft or Accident to the Police.

11.3 🔗

If You or an Authorised Driver has an Accident You and the Authorised Driver must:

1. exchange names and addresses and telephone numbers with the other driver;
2. take the registration numbers of all vehicles involved;
3. take as many photos as is reasonable, including where safe to do so photos of the Trailer's condition immediately after the incident, showing:
   1. the position of all vehicles before they are moved for towing or salvage;
   2. the Damage to the Trailer;
   3. the damage to any third-party vehicle or property; and
   4. the general area where the Accident occurred, including any road or traffic signs;
4. obtain the names, addresses and phone numbers of all witnesses;
5. where Police attend, or a report is made to Police, obtain and provide to Us the attending officer's name and station and the police event or reference number;
6. not make any admission of fault or promise to pay the other party's claim or release the other party from any liability;
7. not negotiate, agree to, or pay any amount to a third party in connection with an Accident without Our prior written consent;
8. forward all third-party correspondence or court documents to Us within 7 days of receipt; and
9. co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer's office or any Court hearing.

12. Consequences of a Major Breach 🔗

12.1 Liability for Breaches 🔗

If You or any Authorised Driver:

1. commit a Major Breach of the Rental Contract in a manner that results in Damage, theft of the Trailer or Third-Party Loss; or
2. tow the Trailer recklessly, in such a way that there is a substantial breach of road safety legislation,

then, in addition to the general financial responsibilities outlined in this contract:

1. You are liable for all Damage, theft of the Trailer, and any Third-Party Loss arising from such incidents; and
2. You must cover any additional costs or expenses, whether direct or indirect, that We incur as a consequence of the breach.

12.2 Contract Termination and Immediate Possession 🔗

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Trailer if a breach of any part of clause 12.1 has occurred or if We reasonably believe that such a breach is likely to occur. You must co-operate with Us to allow recovery of the Trailer.

Without limiting this right:

1. You must take all reasonable steps to make the Trailer accessible to Us for recovery. We may enter premises only with the consent of the owner or occupier or as otherwise permitted by law; and
2. You warrant that You have the authority of the owner or occupier of such premises to grant this right of entry and You indemnify Us against any claim by them arising from Our exercise of this right, except to the extent caused by Our negligence, wilful misconduct or breach of law.

Nothing in this clause limits any other rights We may have at law or under this Rental Contract.

12.3 Payment Consequences of Termination for Major Breach 🔗

Where We terminate the Rental Contract under clause 12.2 or clause 12.4 after the Start of the Rental or after You have collected the Trailer due to Major Breach, You are not entitled to any refund of Rental Charges already paid. You remain liable for:

1. all amounts due under the Rental Contract up to and including the date of termination;
2. all costs, fees, and charges arising from the breach as set out in clauses 6, 7, and 12.1 ; and
3. any Loss of Use, recovery costs, administrative fees, and other charges that We reasonably incur as a consequence of the breach and termination.

This clause applies whether the Trailer is returned voluntarily by You or recovered by Us following termination. Nothing in this clause limits any other rights We may have under this Rental Contract or at law.

12.4 Termination for False or Misleading Statements 🔗

1. We may terminate the Rental Contract and any Rental Period immediately, at any time before or during the Rental Period, if You, any Authorised Driver, or any other person who has made, paid for, collected under, or is otherwise connected with the Booking, has made or provided to Us any statement, representation, document, image or declaration that is false, misleading, altered or incomplete, in each case in a material respect, or that does not belong to the person who provided it.
2. For the purposes of this clause, a statement, representation, document, image or declaration is material if it relates to identity, age, licence status or entitlement to tow, the Towing Vehicle, the condition of the Trailer, the circumstances of any Damage, Accident or theft, or any other matter We rely on in deciding whether to accept a Booking, release the Trailer, permit an extension, or assess liability.
3. This clause applies regardless of whether the statement or representation was made in the Booking, in the Pickup Inspection Form, in the Return Condition Form, through Identity Verification under clause 2.3A or the alternative process under clause 2.3B , in an Issue Report, or in any other communication with Us, and regardless of whether We in fact relied on it.
4. Where We terminate under this clause:
   1. You are not entitled to any refund, credit or reduction of Rental Charges, whether or not You have collected the Trailer and whether or not the Rental Period has commenced;
   2. You must return the Trailer immediately or make it available for Us to recover, and clause 12.2 applies to that recovery;
   3. You remain liable for all amounts payable under this Rental Contract up to and including the date of termination, and for all Damage, Loss of Use, recovery costs and administration fees arising from or connected with the breach and the termination; and
   4. We may withhold or revoke any Access Code without further notice.
5. Conduct to which this clause applies is a Major Breach of the Rental Contract whether or not Damage, theft of the Trailer or Third Party Loss results, and whether or not We exercise Our right to terminate under this clause.
6. We are not obliged to terminate under this clause. Our decision not to terminate on any occasion does not waive Our right to terminate on any other occasion or in respect of any other statement, and clause 19 applies.

13. Notices 🔗

Any notice to be given to You the Hirer or TrailerMates shall be deemed to be given upon it being posted to the last known address, sent by email to the email address, or sent by SMS to the mobile number of the Hirer or TrailerMates (as the case may be) set out in the Rental Agreement, or via the online booking platform used to make the booking. Notices will be deemed received upon delivery confirmation.

14. Privacy 🔗

14.1 Personal Information 🔗

1. We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law.
2. As specified in clause 1.1 of these Rental Terms and Conditions the Privacy Policy forms part of the Rental Contract.
3. You consent to TrailerMates collecting, using and disclosing Your personal information in accordance with the Privacy Policy, including for:
   1. verifying Your identity and driving record digitally with relevant authorities;
   2. sending You Access Codes, booking confirmations and other operational messages required for Automated Hires; and
   3. monitoring the location and status of the Trailer via the tracking device in accordance with clause 15.
4. When We collect Your personal information, We will do so only for the purpose of providing rental services to You and related purposes permitted by the Privacy Act 1988 (Cth), including certain direct marketing activities.
5. If You choose not to provide this information to Us, We may not be able to provide those rental services to You.
6. We may from time to time use Your Personal Information to send You information about products or services that may be of interest to You, including from other businesses owned or operated by the same principals as TrailerMates, currently including Dako Gear( www.dakogear.com.au). You may opt out of receiving direct marketing communications at any time by using the unsubscribe facility in the communication or by contacting Us using the details in Annexure A. We will process Your opt-out request as soon as reasonably practicable.
7. We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification, or disclosure.

For full details on how we handle your personal information, including third-party disclosures like Stripe, please refer to our Privacy Policy, available on our website or upon request.

15. Tracking Device and Evidence Consent 🔗

1. A tracking device is fitted to the Trailer to enable Us to monitor the operation of the Trailer and to track its movements, including real-time location, during the Rental Period and for a period of up to 90 days after the End of the Rental for billing verification, dispute resolution, security and fleet-management purposes.
2. Information from the tracking device may be used during and after the Rental Period, including to locate and recover the Trailer, verify times and locations of use, confirm compliance with these Terms and Conditions (for example, prohibited areas of use and return obligations), and in the event of an Accident, theft, dispute or suspected unlawful activity.
3. When You accept the Rental Agreement You are authorising Us and consenting to the installation and use of the tracking device and collection of information from it for the purposes set out in this clause and in Our Privacy Policy.
4. You must not tamper with, damage, reposition, block or remove the tracking device from the Trailer. Tampering with, repositioning, blocking or removing the tracking device constitutes a Major Breach of the Rental Contract and You will be liable for all Damage, Loss of Use and recovery costs for any period during which the Trailer cannot be located.
5. You consent to Us using photographs, video, CCTV footage, GPS data, and other evidence gathered under these Terms and Conditions in legal proceedings, regulatory complaints, debt recovery, fraud investigations, payment dispute proceedings, and communications with law enforcement.

16. Definitions and Interpretation 🔗

16.1 Definitions 🔗

In these Terms and Conditions:

17. Severability and Interpretation 🔗

17.1 Severability 🔗

If any provision of this Rental Contract (or any part of any provision) is held to be invalid, unenforceable, or illegal for any reason by any court, tribunal, or regulatory authority:

1. that provision (or part) will be severed from this Rental Contract and will not affect the validity, enforceability, or legality of the remaining provisions;
2. the remaining provisions will continue in full force and effect as if the invalid, unenforceable, or illegal provision (or part) had never been included; and
3. We may, at Our discretion, substitute a valid and enforceable provision that achieves, as closely as possible, the original commercial intent.

17.2 Scope of Severability 🔗

If any provision is held invalid or unenforceable with respect to particular circumstances, that provision will remain valid and enforceable in all other circumstances where it is not invalid or unenforceable.

17.3 Preservation of Intent 🔗

Where a provision is capable of two or more interpretations, one of which would make it valid and enforceable and the other(s) would make it invalid or unenforceable, the provision will be given the interpretation that makes it valid and enforceable.

18. Entire Agreement 🔗

18.1 This Rental Contract constitutes the entire agreement between You and Us relating to the hire of the Trailer and supersedes all prior negotiations, representations, warranties, understandings, and agreements (whether written or oral).

18.2 You acknowledge that You have not relied on any representation, warranty, or statement made by Us that is not expressly set out in this Rental Contract.

18.3 No variation, modification, or waiver of any provision of this Rental Contract is valid unless it is in writing and confirmed by Us.

18.4 Any quote, estimate, or proposal provided by Us does not form part of this Rental Contract unless expressly incorporated by written agreement.

18.5 We may update these Terms and Conditions at any time by publishing the revised version on Our website. Updated Terms and Conditions will apply to all bookings made after the date of publication. Bookings made before that date will be governed by the Terms and Conditions in force at the time of booking unless You expressly agree to the updated version.

19. No Waiver 🔗

19.1 No failure, delay, or forbearance by Us in exercising any right, power, or remedy under this Rental Contract or at law:

1. constitutes a waiver of that right, power, or remedy; or
2. prevents Us from exercising that right, power, or remedy in the future.

19.2 A waiver of any breach of this Rental Contract does not constitute a waiver of any other breach(whether of the same or any other provision).

19.3 Any waiver by Us must be confirmed in writing by Us to be effective.

19.4 Our decision to not charge a particular fee, to waive a particular breach, or to allow a particular action on one occasion does not create any expectation or obligation that We will do so on any future occasion.

20. Cumulative Rights 🔗

20.1 The rights, powers, and remedies provided to Us under this Rental Contract are cumulative and not exclusive of any rights, powers, or remedies provided by law.

20.2 We may exercise any or all of Our rights, powers, and remedies concurrently or separately, and the exercise of one does not prevent or limit the exercise of any other.

20.3 Our rights under this Rental Contract are in addition to, and do not replace or limit:

1. Our rights under the Australian Consumer Law or any other legislation;
2. Our rights at common law or in equity;
3. any rights We may have to terminate this Rental Contract;
4. any rights We may have to recover possession of the Trailer;
5. any other legal or equitable remedies available to Us; or
6. any rights We have to recover a debt, including through QCAT, Magistrates Court, or other proceedings.

21. Survival of Obligations 🔗

21.1 The following clauses survive the End of the Rental and continue in full force:

1. clause 6 (Damage Liability and Responsibility) ;
2. clause 7 (Rental Period, costs and charges) ;
3. clause 7.10 (Default in payment) ;
4. clause 7.11 (Recovery of Costs) ;
5. clause 7.12 (Indemnity) ;
6. clause 7.12A (Additional Indemnity — Backstop) ;
7. clause 11 (Accident reporting) ;
8. clause 12.3 (Payment Consequences of Termination for Major Breach) and clause 12.4 (Termination for False or Misleading Statements) ;
9. clause 14 (Privacy) ;
10. clause 15 (Tracking device and evidence consent) ;
11. clause 2.3B(e) (retention and use of identity verification material) ;
12. clause 7.13 (Joint and Several Liability) ; and
13. this clause 21 (Survival of Obligations).

21.2 Any obligation to pay money under this Rental Contract survives the End of the Rental until paid in full.

21.3 Any indemnity given under this Rental Contract survives the End of the Rental and continues indefinitely.

21.4 This clause applies regardless of how the Rental Contract ends(whether by expiry, termination, cancellation, or otherwise).

21.5 Nothing in this clause extends the applicable limitation period under Queensland law, but all obligations that arise during the Rental Period and remain unsatisfied at the End of the Rental continue until the applicable limitation period expires.

22. Force Majeure 🔗

1. Subject to paragraph (c), no force majeure event of any kind, including flood, storm, bushfire, pandemic, government direction, road closure, civil unrest, Act of Terrorism or any other circumstance beyond Your control, excuses Your obligation to return the Trailer or reduces Your obligation to pay all Rental Charges and Loss of Use for the duration of Your Rental Period.
2. If a force majeure event prevents or delays return, You must:
   1. notify Us immediately by telephone to 0420 399 277;
   2. take all reasonable steps to secure the Trailer from damage, theft, and deterioration; and
   3. return the Trailer as soon as the force majeure event ceases or as directed by Us.
3. Loss of Use continues to accrue during any force majeure event at the rate specified in clause 7.11(a) until the Trailer is returned to the Return Site and the return process is completed. However, Loss of Use does not accrue for any period during which a force majeure event physically prevents the return of the Trailer, provided that You have complied with paragraph (b) in full. Loss of Use resumes accruing from the time that event ceases to physically prevent return.
4. Subject to paragraph (c), You acknowledge that the risk of force majeure events during the Rental Period is a risk You accept upon collection of the Trailer and that Our Loss of Use obligation represents a genuine pre-estimate of loss regardless of the cause of non-return.
5. We are not required to accept return of the Trailer at a location other than the Return Site without Our prior written agreement. Return at an alternative location does not constitute completion of the return process and Loss of Use continues until proper return is completed.

23. Dispute Resolution 🔗

Any dispute arising from this Rental Contract that cannot be resolved by direct negotiation will be referred to the Queensland Civil and Administrative Tribunal (QCAT) or, where the amount exceeds QCAT jurisdiction, to the Magistrates Court of Queensland. Nothing prevents either party from seeking urgent injunctive or declaratory relief.

Annexure A — Privacy Collection Statement 🔗

About this Privacy Collection Statement 🔗

TrailerMates recognises the importance of protecting Your Personal Information. This Privacy Collection Statement explains how TrailerMates protects Your privacy and summarises how it collects, uses, and discloses Personal Information about You. It is a short summary only and should be read together with our full Privacy Policy (our Privacy Policy) at www.trailermates.com.au which provides more details, or You can contact TrailerMates to request a copy.

This Privacy Collection Statement together with our Privacy Policy applies to Personal Information TrailerMates collects, uses and discloses about You only.

About TrailerMates 🔗

TrailerMates is a registered business name of David Leslie Kovacs ABN 82 312 034 943, formerly trading as Slacks Creek Trailer Hire, a trailer rental business operating from 14 Collins St, Slacks Creek QLD 4127.

In this Privacy Collection Statement, "TrailerMates," "we," "us," or "our" refers to our operations in Australia, encompassing our direct services and any associated entities engaged in our operations and service delivery.

What Personal Information does TrailerMates collect about You? 🔗

When You book or rent a Trailer from TrailerMates, We collect certain Personal Information from You about You. The service You use will determine what Personal Information TrailerMates collects from You, which may include Your name, contact details, date of birth, driver licence number, passport details, payment details, driving record details, company name and employee number. TrailerMates may collect information about You from You or through a travel agent or one of our licensees, a corporate program, Your representatives, one of TrailerMates partner programs, local authorities or a credit reporting body. TrailerMates may also use electronic tools to monitor the location, usage and servicing of the Trailer, including Your speed, time, distances travelled and current and previous locations visited. This information collected by these electronic tools is Personal Information within the meaning of the Privacy Act 1988 (Cth).

Where identity verification is required, TrailerMates or its identity verification provider may also collect images of the front and back of Your driver licence and a live photograph of Your face, and may use an automated process to compare that facial image with the photograph on the licence. A facial image collected and used for that purpose is biometric information and is sensitive information under the Privacy Act 1988 (Cth). TrailerMates collects and uses it only with Your consent, only for the purposes of verifying Your identity and eligibility, managing Your booking, and exercising or defending its legal rights, and retains it in accordance with clause 2.3B(e) of the Terms and Conditions.

TrailerMates is also required or authorised to collect certain Personal Information under laws such as the following State/Territory vehicle registration laws: Road Transport (Driver Licencing) Act 1999 (ACT), Road Transport Act 2013 (NSW), Motor Vehicles Act 1949 (NT), Transport Operations (Road Use Management) Act 1995 (QLD), Motor Vehicles Act 1959 (SA), Vehicle and Traffic Act 1999 (TAS), Road Safety Act 1986 (VIC) and Road Traffic Act 1974 (WA). If TrailerMates is unable to collect Your Personal Information, this may prevent TrailerMates from providing services to You.

Where You provide TrailerMates with Personal Information about someone else, You must have their consent or authority to provide their Personal Information to TrailerMates for the purposes set out in this Privacy Collection Statement and our Privacy Policy.

How is Personal Information used or disclosed? 🔗

General purposes

TrailerMates may use and disclose Your Personal Information for purposes including to:

1. provide the services and benefits that You request;
2. administer those services;
3. research, develop, manage, protect and improve our services;
4. communicate with You regarding Your Trailer, and safety arrangements with TrailerMates and other matters;
5. investigate, prevent and deal with fraud, unlawful activity and breaches of our agreements with You or Your employer;
6. conduct customer satisfaction surveys and inform You of improvements to our services;
7. maintain and develop our software and other business systems; and
8. enforce our legal rights or comply with applicable laws or legal obligations.

Disclosure to Third Parties

TrailerMates may disclose Your and Authorised Drivers' Personal Information to third parties including:

1. other associated entities with TrailerMates;
2. our contracted service providers (including our market research company, mail house and the other service providers described in our Privacy Policy);
3. credit card providers;
4. fraud checking agencies, and (where a debt is assigned or sold) the assignee or debt purchaser who may report to credit reporting agencies (see 'Payment default' below);
5. debt collection agencies, if You default in payment of amounts owed to TrailerMates;
6. councils, government and private organisations responsible for the processing of traffic related infringements or the payment of road and traffic tolls;
7. in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim;
8. driver licencing authorities; and
9. government, regulatory and law enforcement agencies whether disclosure is required or authorised by law.

Use or Disclosure for Direct Marketing Purposes

We may use and disclose your personal information to offer you products and services provided by TrailerMates, and other businesses owned or operated by the same principals as TrailerMates, currently including Dako Gear( www.dakogear.com.au). We may also use your personal information to offer you products and services provided by companies participating in TrailerMates partner programs. We may continue to provide these offers to you by email, telephone or any other form of communication until you opt out. You can opt out by contacting us.

Payment Default

If You default in the payment of any rental fees or charges to TrailerMates, We may:

1. obtain a credit report about You where We are permitted to do so;
2. engage a debt collection agency to recover the debt;
3. assign or sell the debt to a debt collection agency or other third party, who may then, as owner of the debt, report Your default to a credit reporting body where they are entitled to do so; and
4. recover the debt through QCAT or a court, where an unpaid judgment debt may become a matter of public record reflected in Your credit file.

Any reporting of a payment default to a credit reporting body will be carried out only by a party entitled to do so under the Privacy Act 1988 (Cth), and only in respect of defaults that meet the requirements of that Act.

Who You can contact for further information 🔗

If You have any privacy questions or concerns, or wish to exercise Your right to access or correct Your Personal Information (subject to exceptions under privacy laws), You can contact us as follows:

This Statement is a summary; our full Privacy Policy provides more details and is incorporated herein.

Annexure B — Worked Examples of Late Return Charges 🔗

These worked examples form part of clause 7.3 and are provided for the avoidance of doubt. In the event of any inconsistency between these examples and clause 7.3 , clause 7.3 prevails.

Annexure C — Late-Hour Rates by Trailer Type 🔗

The Late-Hour Rate applies for the first 3 hours of late return under clause 7.3(c)(i). After 3 hours, daily charges under 7.3(c)(iii) and (iv) apply.

Annexure C may be amended by Us from time to time by updating this schedule on our website. The Late-Hour Rate in force at the time of Your original booking applies to that booking.