TRAILER 4 HIRE

DRY HIRE AGREEMENT & TERMS AND CONDITIONS

New South Wales, Australia  •  Customer & online booking agreement

This Agreement is between the legal entity recorded as Owner in the Hire Schedule (trading as Trailer 4 Hire) and the Hirer named in that Schedule. It includes the Hire Schedule, booking confirmation, any expressly accepted written addenda and relevant handover/inspection records. “Trailer” includes the trailer or float and all supplied fittings and accessories. The term “Hirer” refers to the contracting individual or entity; approved drivers are responsible for their own acts and the Hirer is responsible as provided by this Agreement.

These Rental Agreement Terms and Conditions (these "Terms"), together with your booking confirmation, any inspection reports, photographs, digital signatures, checklists, addenda, and other documents we provide for this hire (collectively, the "Agreement"), form a binding contract between Trailer 4 Hire ("we", "us", or "our") and you.

By booking online, accepting these Terms at checkout, signing, or taking possession of any Rental Item, you agree to this Agreement. If you do not agree, do not complete the booking or take possession.

1. Hire period, collection and return

1.1  The Hire Period begins and ends at the dates and times in the Hire Schedule. Any extension requires the Owner’s express approval before the scheduled return time and may incur additional agreed charges.

1.2  The Hirer must return the Trailer, accessories and keys to the agreed location by the end time, reasonably clean and in substantially the same condition as provided, allowing for fair wear and tear. The Hirer must secure the Trailer until properly returned and handed over in accordance with the Owner’s instructions.

1.3  Returning the Trailer early does not automatically entitle the Hirer to a refund for unused booking time where the Trailer has been provided as agreed, except as required by law or expressly agreed by the Owner.

1.4  An unauthorised late return may attract the late-return rate disclosed in the Hire Schedule and reasonable additional proven losses caused by the delay, to the extent permitted by law. The Owner will avoid double recovery of the same loss.

1.5 Optional equipment and add-ons are hired AS IS and must be returned in the condition provided. Missing or damaged optional items may be charged at replacement cost plus applicable labour, fees, and taxes.

2. Hire fees, payment and other charges

2.1  The Hirer must pay the disclosed Hire Fee by the time specified at booking and any agreed bond or preauthorisation before collection. Any applicable GST must be clearly identified in the booking price.

2.2  Additional charges may include agreed extensions; reasonable cleaning, repair or replacement costs where the Hirer is responsible; tolls, fines and lawful administration costs; and recovery costs reasonably and lawfully incurred. The Owner will provide a reasonable description and supporting details for disputed amounts.

2.3  Any bond will be dealt with in accordance with the disclosed bond conditions. The Owner may apply it to substantiated outstanding charges permitted by this Agreement and must return the balance within a reasonable time after inspection and assessment.

3. Customer cancellations, changes and credits

3.1  A customer seeking cancellation or a booking change must email bookings@trailer4hire.com.au, quoting the booking reference. Requests are assessed from the time received.

3.2  For a voluntary customer cancellation received more than 36 hours before the scheduled hire commencement, the Owner offers a credit equal to the hire amount paid less a $15 administration fee. The credit has no expiry date and may be used toward a future booking. If the amount paid is less than $15, the fee cannot exceed the amount paid.

3.3  Booking amendments may be permitted at no amendment fee, subject to availability and any difference in hire price. The Owner will confirm any amended booking in writing.

3.4  For voluntary cancellations received 36 hours or less before the scheduled hire commencement, the Owner does not ordinarily provide a cash refund or booking credit, except where required by law or otherwise agreed. Any applicable charge must be lawful and must not constitute an unfair contract term.

3.5  This policy does not remove any right to a refund, re-supply or other remedy under the Australian Consumer Law, including where the Owner fails to supply the Trailer as agreed or consumer guarantees are not met. Any alternative arrangements for such a failure must be agreed with the customer, not imposed.

4. Licence, tow vehicle and authorisation

4.1  The Hirer must ensure every driver is properly licensed and legally permitted to tow the Trailer; that the towing vehicle and towbar are suitable, roadworthy and appropriately rated; and that any required brake controller and electrical connections are fitted and operational.

4.2  Only the Hirer or another driver specifically authorised by the Owner may tow or operate the Trailer. The Hirer must not sub-hire, lend, sell, pledge or transfer possession of the Trailer without written approval.

4.3  The Hirer must comply with all applicable road, licensing, load restraint, workplace health and safety and other laws, including restrictions applying to learner and provisional drivers.

4.4 The following are prohibited uses and material breaches, and may result in immediate termination, repossession, forfeiture of deposits where permitted, and full financial responsibility for resulting loss or damage:

• Allowing anyone who is not an Authorized User to operate or take the Rental Item;

• Use while under the influence of alcohol, drugs, or any impairing substance;

• Exceeding weight, passenger, speed, or other rated limits;

• Racing, stunts, reckless operation, or any illegal activity;

• Use outside permitted areas or jurisdictions without our prior written approval;

• Hauling or carrying hazardous, illegal, or prohibited materials;

• Altering, disabling, or removing safety equipment, locks, or tracking devices;

• Subletting, re-renting, selling, or encumbering the Rental Item; or

• Continuing use after discovering an unsafe condition or material damage.

5. Safe operation, loads and prohibited uses

5.1  Before each journey, the Hirer must check the correct attachment and locking of the coupling, safety chains and shackles; jockey wheel position; tyres and visible wheel condition; functioning lights and brakes; ramps, latches and doors; and that the load is restrained and legal.

5.2  The Hirer must not exceed any applicable trailer ATM/GTM, axle or tyre rating, towbar limit, towing vehicle limit, coupling rating or gross combination limit. The lowest applicable limit controls. Loads must be correctly distributed and secured and must not be used in an unsafe or unlawful way.

5.3  The Trailer must not be used for illegal purposes, racing, dangerous driving, or in a manner beyond its intended use. No person may ride in the Trailer. Animals may be carried only in a trailer designed and suitable for that purpose and in accordance with applicable animal welfare requirements.

5.4  No modifications, alterations or unauthorised repairs may be made. Any removable accessories must be fitted only as instructed and secured appropriately.

6. Inspection and condition at handover

6.1  The Owner must provide the Trailer in a safe, roadworthy and reasonably clean condition, together with necessary operating instructions. The Hirer must carry out a reasonable visual pre-hire inspection and promptly report any concern before departure.

6.2  The Hirer and Owner may use photos, a condition checklist and handover records to document existing marks, damage and equipment. Signing a checklist does not remove any statutory rights concerning latent defects or safety.

6.3  If a safety defect is suspected, the Hirer must not use the Trailer and must notify the Owner immediately for instructions.

7. Damage, loss, theft and repairs

7.1  Subject to applicable law, the Hirer is responsible for loss of or damage to the Trailer caused by the Hirer’s misuse, negligence, failure to secure it, breach of this Agreement, or actions of a person to whom the Hirer gives control. Fair wear and tear is excluded.

7.2  The Hirer is not responsible under this clause to the extent the loss or damage was caused by the Owner’s breach, pre-existing defect, failure to maintain the Trailer, or another matter for which the Owner is legally responsible.

7.3  Any charge for repair, replacement, towing, recovery or cleaning must be reasonable, related to the actual loss, and supported by details or an invoice where practical. The Owner must take reasonable steps to reduce avoidable loss.

7.4  The Hirer must promptly report loss, theft, damage or an incident, provide accurate relevant information, and not arrange repairs without consent unless necessary to protect safety or comply with law. The Owner will not unreasonably withhold reasonable emergency arrangements.

8. Breakdown and roadside incidents

8.1  If the Trailer breaks down or becomes unsafe, stop using it as soon as it is safe, secure it, and contact the Owner promptly. The Hirer must not continue towing an unsafe Trailer.

8.2  If the breakdown results from a fault not caused by the Hirer, the Owner will arrange an appropriate remedy consistent with applicable law; the Hirer is not automatically required to return a defective Trailer at the Hirer’s expense.

8.3  Where the breakdown or recovery is caused by misuse or a breach by the Hirer, reasonable associated costs may be charged to the Hirer to the extent permitted by law.

9. Insurance and optional protection — IMPORTANT

9.1  The Hirer should check whether their motor vehicle or other insurance covers trailer towing, damage to the hired Trailer, third-party loss, and any excess or exclusions. The Owner does not represent that the Hirer’s existing insurance provides that cover. Unless we expressly state otherwise in writing, we do not provide liability insurance for your use of Rental Items. You are responsible for maintaining any insurance required by law or by us (for example vehicle, towing, or liability cover) for the Rental Period.

9.2  Trailer 4 Hire offers optional trailer damage protection for an additional fee when available for the selected trailer and booking. The additional fee varies according to the trailer type and duration of hire and will be disclosed before the Hirer accepts and pays for it. Protection is not included unless expressly selected and confirmed in the booking.

9.3  The advertised excess for an eligible claim under the optional protection is $750, but applies only where the protection terms confirmed for that booking provide for that amount. The Hirer must be given the applicable policy or damage-waiver terms, including covered events, exclusions, limits, claims process and any applicable excess, before purchase.

9.4  Optional trailer damage protection does not automatically cover the towing vehicle, contents or cargo, animals, third-party property, personal injury, loss of use, or other costs. Cover for any such loss applies only where expressly included in the applicable written terms.

9.5  The Hirer must comply with the conditions for the optional protection, including prompt incident reporting and cooperation with the claims process. Any refusal or exclusion of cover must be assessed under the applicable written terms and law.

9.6  If optional protection is not purchased, the Hirer remains responsible for damage or loss only to the extent provided by this Agreement and permitted by law. Declining protection does not make the Hirer automatically liable for every event or for the Owner’s own breach or negligence.

9.7  Nothing in this section removes or limits any non-excludable rights under the Australian Consumer Law. The Owner must verify that any product offered as “insurance” is lawfully offered and consistent with the insurer’s actual policy; otherwise it must be accurately described as a contractual damage waiver, if applicable.

10. Fines, tolls and enforcement notices

10.1  The Hirer is responsible for tolls, parking, traffic and other infringement charges arising from the Hirer’s use of the Trailer to the extent lawfully payable by the Hirer. The Owner may provide driver information to relevant authorities as required by law.

10.2  Any administration fee for processing a notice must be reasonable, disclosed in advance where practicable, and lawfully chargeable.

11. Ownership and recovery

11.1  The Trailer remains the property of the Owner. The Hirer obtains a temporary right to possess and use it during the Hire Period, not ownership.

11.2  If the Hirer materially breaches this Agreement, fails to return the Trailer, or places it at immediate risk, the Owner may terminate the hire after taking reasonable steps appropriate to the circumstances and may pursue lawful recovery. The Owner must not enter premises unlawfully, use force or claim to bypass required legal processes.

11.3  Termination or recovery does not remove accrued lawful payment obligations or any rights either party has under applicable law. Fees and losses cannot be recovered twice.

12. Liability and consumer guarantees

12.1 You acknowledge that using a Rental Item involves inherent risks, including the risk of personal injury, illness, death, or property damage, whether arising from the nature of the activity, the condition of the Rental Item, terrain, weather, the acts of other people, or your own action or inaction.

12.2 You voluntarily accept and assume all such risks on behalf of yourself and each Authorized User.

12.3 To the fullest extent permitted by law, you release, discharge, and agree not to sue Trailer 4 Hire, its owners, employees, representatives, and agents from any claim for personal injury, illness, death, or property damage arising from your (or any Authorized User's) use of a Rental Item, except to the extent caused by our gross negligence or wilful misconduct. This release does not apply where, and to the extent, non-excludable consumer law prohibits it.

13. Privacy and records

13.1  The Owner may collect and use information reasonably necessary for identity checks, processing the booking, payment, administering this Agreement, loss recovery and legal compliance. Personal information must be handled in accordance with applicable privacy law and the Owner’s applicable privacy policy, if any.

14. Additional equipment, accessories and personal property

14.1  All supplied locks, keys, ramps, cages, straps, adapters and optional add-ons must be used as instructed and returned with the Trailer. Reasonable substantiated costs of missing or damaged items may be charged where the Hirer is responsible, excluding fair wear and tear.

14.2  The Hirer must remove personal belongings before return. The Owner will take reasonable care of property found after return and deal with it in accordance with applicable law; the Owner does not assume responsibility for loss caused solely by the Hirer leaving property behind.

15. Documented loss of use and additional damage claims

15.1  Where damage for which the Hirer is legally responsible prevents the Trailer from being hired, the Owner may claim reasonable, provable net loss of hire income directly resulting from that damage, taking account of mitigation and avoiding double recovery. An estimate or automatic daily charge does not establish a loss.

15.2  Any claim for reduced resale value following repairs is made only where permitted by law and reasonably evidenced. The Owner will not charge for both replacement and repairs in a way that duplicates compensation for the same loss.

16. Tracking, electronic records and communications

16.1  If the particular Trailer has GPS or other location technology, the Owner will disclose its use and relevant privacy information before or at collection. Location information may be used for legitimate operational purposes such as theft recovery, fleet administration and safety, in accordance with applicable law and the Privacy Policy.

16.2  Booking confirmations, pickup instructions, return reminders, overdue notices and other transactional communications may be sent using the contact information provided. Promotional or marketing messages require any consent applicable under law.

16.3  Electronic acceptance, booking records, handover checklists, photographs, videos and permitted access or tracking records may be retained as evidence of the hire and its condition, subject to applicable privacy law. No such record overrides a statutory consumer right.

17. Payment method and disputed additional charges

17.1  Where the Hirer expressly authorises a payment method for additional charges, the Owner may charge only amounts properly due under this Agreement and disclosed in accordance with applicable law. A general authorisation does not make an incorrect or disputed charge automatically payable.

17.2  Before processing a substantial post-hire damage charge, the Owner will, where reasonably practicable, provide the Hirer with a description of the alleged loss and available supporting evidence and allow a reasonable opportunity to respond. This does not prevent urgent action to secure or recover the Trailer.

18. Disputes and notices

18.1  The parties will first try to resolve concerns by contacting the Owner at bookings@trailer4hire.com.au and providing relevant booking details. This does not prevent either party from contacting a regulator, tribunal or court.

18.2  Notices relating to booking cancellation must use the email specified in clause 3. Other notices may be given through the contact details supplied in the Hire Schedule unless law requires otherwise.

19. General provisions

19.1  NSW law governs this Agreement, subject to any mandatory law applicable elsewhere. The parties submit to courts and tribunals having jurisdiction.

19.2  If a provision is invalid or unenforceable, it is severed to the extent necessary without affecting the remainder where lawful.

19.3  This Agreement includes the completed Hire Schedule and any clearly identified written attachments accepted by both parties. Any change must be agreed and recorded. Where a conflict exists, mandatory law prevails.

20. Handover and return checklist

Record trailer condition at collection and return. Check the relevant items, photograph defects and document any missing accessories. This checklist does not replace the Owner’s maintenance or statutory obligations.

Coupling, pin/lock and safety chains secure   
Jockey wheel stowed

Tyres and wheels visually checked   
Lights and brakes operating

Ramps, doors, gates and cage latches secured    ☐ Accessories accounted for

Load limits, restraint and tow vehicle suitability discussed

Pre-existing damage/defects photographed and recorded

Return condition, accessories, defects and photos recorded

21. Acknowledgement and acceptance

By accepting THE TERMS AND CONDITIONS or taking possession after having a reasonable opportunity to review these Terms, the Hirer confirms their agreement to the Hire Schedule and the applicable Terms. This acknowledgement does not waive any non-excludable legal rights. A copy of the Agreement is available on request.

Questions and written notices: bookings@trailer4hire.com.au