TRAILER HIRE AGREEMENT – TERMS & CONDITIONS
1. Ownership
All trailers supplied for hire remain the property of Active Freight Pty Ltd trading as PRO Trailer Hire (ACN 656 174 524), hereafter referred to as “the Owner.”
2. Definition of Hirer
The “Hirer” refers to the person, company, or entity entering into this Hire Agreement with the Owner and includes their successors, permitted assigns, executors, and administrators. Where the Hirer is a company, the term includes each director of the company.
3. Definition of Trailer
The “Trailer” refers to the trailer hired by the Hirer from the Owner, including any accessories, attachments, or equipment supplied with the trailer during the Hire Period.
4. Trailer Operating Guidelines
Trailer Operating Guidelines refers to any instructions or safety guidelines provided by the Owner relating to the correct use and operation of the Trailer.
5. Collection Date
The Collection Date is the date and time nominated during booking when the Hire Period begins.
6. Collection Site
The Collection Site is the location specified during booking where the Trailer will be collected.
7. Return Date
The Return Date is the date and time nominated at booking when the Trailer must be returned.
8. Return Site
The Return Site refers to the location nominated by the Owner where the Trailer must be returned.
9. Hire Fee
The Hire Fee is the agreed amount payable by the Hirer for the use of the Trailer.
10. Hire Period
The Hire Period means the period commencing on the Collection Date and ending on the Return Date.
11. Business Hours
Business Hours are 24/7, 7 days a week.
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12. Fees and Payment
The Hirer must pay the full Hire Fee at the time of booking to secure the Trailer and hire period.
The Hirer authorises the Owner to retain and charge the Hirer’s nominated payment method for:
• the Hire Fee
• any additional charges payable under this Agreement
• any applicable payment processing fees.
Late Returns & Automatic Extensions
The Hirer authorises the Owner to charge the Hirer’s nominated payment method for any applicable late return fees, automatic booking extensions, or other charges arising from a late return.
The Hirer must return the trailer by the end of the booked hire period. A 30-minute grace period is allowed following the scheduled return time.
If the trailer is not returned within this 30-minute grace period, the booking will be automatically extended by 2 hours, and the applicable 2-hour extension fee will be charged to the Hirer’s nominated payment method.
Further extensions and charges may apply if the trailer remains un-returned after the extended hire period.
Unauthorised Late Returns Affecting Subsequent Bookings:
Where a trailer is returned late without prior approval and the late return interferes with, delays, or prevents a subsequent customer’s confirmed booking, the Hirer may be charged any reasonable additional costs or losses directly incurred by the Owner as a result of the late return, in addition to the applicable extension or late return charges.
The hire period selected at the time of booking is strictly enforced. Hirer's requiring additional time should extend their booking before the scheduled return time. Any extension remains subject to availability and may not be possible where another customer has already booked the trailer.
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13. Security Bond / Payment Authorisation
The Owner may require a security bond or payment pre-authorisation on the Hirer’s nominated credit or debit card prior to the commencement of the Hire Period.
The Hirer authorises the Owner to deduct from this bond or payment method any charges arising under this Agreement including but not limited to:
• damage to the Trailer
• late return fees
• cleaning charges
• tolls or fines
• recovery or transport costs
• loss of hire charges.
Any unused portion of the bond will be released after the Trailer has been inspected and confirmed to be in acceptable condition.
In the case on no bond payment, Hirer authorises the Owner to deduct from the card on used to pay.
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14. Cancellations
14.1 Booking Changes or Cancellation
Bookings may be cancelled or amended prior to the scheduled start of the Hire Period.
• Cancellations made more than 24 hours before the scheduled hire start time incur no cancellation fee.
• Cancellations made within 24 hours of the hire start time incur a 25% cancellation fee.
• Booking changes may be made free of charge subject to availability.
14.2 Cancellation After Hire Start
If the booking is cancelled after the scheduled start time, the Owner may retain the full Hire Fee.
14.3 Failure to Collect
Once a booking has been confirmed, the Trailer is reserved exclusively for the Hirer for the entire Hire Period.
Failure to collect the Trailer will result in no refund or credit being issued.
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15. Trailer Collection
The Trailer will be made available at the nominated Collection Site.
The Hirer will receive a unique access code prior to the Hire Period to allow release of the Trailer.
The Hirer must verify that the registration number of the Trailer matches the booking confirmation.
The Hirer must perform a visual inspection of the Trailer, including the winch and accessories, before removing it from the Collection Site.
By removing the Trailer, the Hirer confirms the Trailer is accepted in good working condition.
All risk and responsibility transfers to the Hirer once the Trailer leaves the Collection Site.
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16. Responsibility for Keys and Access Codes
The Hirer is responsible for the security of any keys, lock boxes, access codes or security devicessupplied for the Trailer.
Loss, misuse, or unauthorised sharing of keys or codes may result in additional charges, including the cost of replacing locks or security devices.
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17. Return of Trailer
The Trailer must be returned to the nominated Return Site on or before the agreed Return Date and time.
The Trailer must be returned:
• empty of goods
• clean and tidy
• secured using the supplied lock
• with keys returned to the lock box.
Early return does not entitle the Hirer to a refund.
Failure to return the Trailer may constitute breach of this Agreement and additional charges may apply.
The Owner may report the Trailer as stolen if it is not returned.
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18. Extension of Hire Period
If the Hirer requires an extension, they must contact the Owner before the Return Date during Business Hours.
Extensions are subject to availability and additional hire charges.
The Owner reserves the right to refuse extensions.
The Owner reserves the right to automatically extend and charge late trailer bookings.
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19. Damage Liability and Insurance
The Owner does not provide insurance coverage for theft, damage, or loss of the Trailer while it is in the Hirer’s possession.
The Hirer is responsible for arranging their own insurance if required.
The Hirer is liable for the full cost of repair or replacement if the Trailer is damaged, lost, or stolen.
If the Trailer cannot reasonably be repaired, the Hirer will be charged the retail replacement value.
The Owner does not provide insurance coverage for theft, damage, or loss of the hirers property while it is in the Hirer’s possession.
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20. Optional Trailer Insurance
If Trailer Insurance is offered and purchased, the Hirer will not be liable for accidental damage to the Trailer except where damage occurs due to negligence.
Trailer Insurance:
• applies only to the Trailer and its attachments
• does not cover third-party damage or injury
• carries no excess.
Full policy terms apply.
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21. Loss of Hire
If the Trailer is damaged, lost, or stolen and becomes unavailable for hire, the Hirer agrees to compensate the Owner for loss of hire income.
Loss of hire will be calculated based on the Trailer’s standard daily hire rate for the period the Trailer is unavailable due to repair or replacement.
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22. Additional Charges
Additional charges may apply including:
Cleaning Fee – $75 if returned unclean.
Late Return Fee – 150% of the daily hire rate per day.
Recovery Fee – up to $2,100 plus towing or transport costs.
Tolls & Fines
$35 admin fee for tolls
$100 admin fee for fines.
Damage / Loss – repair or replacement costs.
The $0 Breakdown / Trailer service radius is 50km from pickup location. Further distance is at the discretion of the owner.
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23. Non-Return or Incorrect Return Location
If the Trailer is not returned to the correct Return Site, the Hirer will be charged a Non-Return Feeequal to the greater of:
• $200, or
• $3 per kilometre to and from the trailer’s location to the correct return location.
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24. Prohibited Use
The Hirer must not use the Trailer:
• on unsealed roads unless authorised
• to carry loads exceeding the rated capacity
• to transport hazardous or illegal materials
• in any unlawful activity
• in any manner likely to cause damage.
Damage resulting from prohibited use will void any insurance or liability reduction.
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25. Incorrect Coupling or Connection
The Hirer is responsible for ensuring the Trailer is correctly connected to the towing vehicle.
Any damage resulting from incorrect coupling, failure to secure safety chains, or failure to properly connect the hitch will be the full responsibility of the Hirer.
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26. Hirer Responsibilities
The Hirer must:
• inspect the Trailer before use
• secure all loads properly
• not overload the Trailer
• ensure correct coupling to the towing vehicle
• comply with all road rules
• not exceed 100 km/h
• return the Trailer clean and in good condition.
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27. Liability and Release
Use of a trailer involves inherent risks.
To the maximum extent permitted by law, the Hirer releases the Owner from liability for any injury, loss, or damage arising from use of the Trailer and its accessories/fixings.
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28. Termination
The Owner may terminate this Agreement:
• with 24 hours’ notice, or
• immediately if the Hirer breaches the Agreement.
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29. Recovery of Trailer
Upon termination, the Owner may recover the Trailer.
The Hirer authorises the Owner to enter premises where the Trailer may be located to recover it.
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30. Privacy
The Owner may use the Hirer’s details for administration, operational purposes, and marketing in accordance with privacy legislation.
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31. Currency
All amounts are expressed in Australian Dollars (AUD) and exclude GST unless stated otherwise.
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32. Consumer Law
This Agreement is subject to the Competition and Consumer Act 2010 and Australian Consumer Law.
To the extent permitted by law, the Owner’s liability is limited to repair or replacement of the Trailer only, excluding consequential losses.
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33. Trailer Tracking and Monitoring
The Hirer acknowledges and agrees that the Trailer may be fitted with GPS tracking or other electronic monitoring devices for the purposes of security, asset protection, operational monitoring, and recovery.
The Hirer consents to the Owner using such tracking technology during the Hire Period to:
• monitor the location of the Trailer
• confirm compliance with the terms of this Agreement
• assist in the recovery of the Trailer if it is not returned as required.
The Owner will handle any location or tracking data in accordance with applicable privacy legislation.
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34. Recovery of Abandoned or Unreturned Trailer
If the Trailer is not returned on the agreed Return Date, or is left at any unauthorised or incorrect location, the Owner may take all reasonable steps necessary to locate, recover, and secure the Trailer.
The Hirer authorises the Owner, its employees, agents, or contractors to enter any premises or property where the Trailer is reasonably believed to be located for the purpose of recovering the Trailer.
All costs associated with the recovery of the Trailer, including but not limited to towing, transport, storage, labour, and administrative costs, will be the responsibility of the Hirer.
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35. Overloading and Structural Damage
The Hirer must not load the Trailer beyond its rated load capacity or Aggregate Trailer Mass (ATM)as specified by the manufacturer or displayed on the Trailer.
The Hirer is responsible for ensuring all loads are correctly distributed and secured.
Any structural damage caused by overloading, improper loading, or unsecured loads will be the full responsibility of the Hirer. This includes but is not limited to damage to:
• axles
• suspension
• chassis
• drawbar
• tyres
• wheels
Any such damage will void any optional insurance, damage liability reduction, or coverage purchased by the Hirer, and the Hirer will be responsible for all repair or replacement costs.
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36. Winch Use – Vehicle Trailers
Where a Vehicle Trailer is fitted with a winch, the winch is supplied as an accessory and must only be used in accordance with these Terms & Conditions and any instructions provided by PRO Trailer Hire.
The Hirer uses the winch at their own risk and is responsible for ensuring that it is used safely, correctly and only for its intended purpose.
The winch is provided solely to assist with loading a free-rolling vehicle onto the Trailer. It must not be used for unloading a vehicle or for dragging, skidding or pulling a vehicle or other object that cannot roll freely.
Before using the winch, the Hirer must ensure that the vehicle being loaded has free-moving wheels and is capable of rolling freely onto the Trailer. The winch must not be used where wheels are locked, seized, significantly obstructed or otherwise unable to rotate freely.
The Hirer must ensure that:
- the winch is used only for loading a vehicle onto the Trailer
- the vehicle being winched has free-moving wheels and can roll freely
- the winch is not used to drag or skid a vehicle or any other object
- the winch rope is kept straight and clear while under load
- the winch rope does not rub against the Trailer, ramps, chassis, sharp edges, vehicle components or any other object
- the winch rope is not dragged, crushed, kinked or allowed to run across an abrasive surface
- the winch is not overloaded or subjected to excessive force
- the winch handle is fitted and operated correctly
- no person stands in the direct line of the winch rope while it is under tension
- no person stands between the vehicle and Trailer while the winch is being operated
- use of the winch is stopped immediately if the winch, rope, handle or mounting appears damaged, overloaded or unsafe
IMPORTANT: The winch rope can be cut, damaged or fail if it rubs against the Trailer, vehicle or another object while under tension. The Hirer must ensure the rope remains completely clear of obstructions and rubbing points during use.
The Hirer is responsible for loss or damage caused by incorrect winch use, including attempting to drag a vehicle, winching a vehicle with wheels that do not move freely, overloading the winch, allowing the rope to rub against another object, or otherwise failing to comply with this clause.
Damage resulting from incorrect or prohibited winch use is not covered by Damage Liability Reduction (DLR). (If offered)
Where winch equipment is lost or damaged due to the Hirer's misuse, negligence or failure to comply with these requirements, the following replacement charges may apply:
- Replacement winch – $129.99
- Replacement winch rope – $59.99
- Replacement winch handle – $29.99
Reasonable labour or installation costs may also be charged where replacement or repair is required.
Nothing in this clause excludes or limits any right or liability that cannot legally be excluded under Australian law.
PRO Trailer Hire
Active Freight Pty Ltd
ACN 656 174 524