10. Off-Road and Unsealed Road Use

10.1 Permitted Use
The caravan may only be used on unsealed, gravel, corrugated or off-road routes where such travel has been disclosed to and accepted by Oakley Enterprises prior to commencement of the hire.

10.2 Increased Risk
The hirer acknowledges that travel on unsealed, gravel, corrugated and off-road routes, involves substantially greater risk of damage than normal sealed-road travel.
This includes, but is not limited to, damage to tyres, wheels, suspension, shock absorbers, springs, bushes, wheel alignment, camber components and bolts, bearings, brakes, chassis, underbody, plumbing, tanks, fittings, cabinetry, appliances and external or internal fixtures..

10.3 Hirer’s Responsibility for Off-Road Damage
The hirer is responsible for the reasonable cost of repairing damage occurring during off-road, unsealed, gravel or corrugated-road use where that damage results from road conditions, corrugations, potholes, impacts, stones, washouts, excessive speed for the conditions, inappropriate tyre pressures, overloading, misuse or failure to take reasonable precautions.
This responsibility applies whether the damage becomes apparent immediately or is identified following return of the caravan.
Nothing in this clause excludes any right or remedy that cannot lawfully be excluded under the Australian Consumer Law, including where damage or failure results from a pre-existing defect or a failure by Oakley Enterprises to comply with an applicable consumer guarantee.

10.4 Tyres and Wheels
The hirer is responsible for tyre and wheel damage arising from punctures, impacts, potholes, rocks, corrugations, sidewall damage,tread damage or other road hazards encountered during the hire, except to the extent that the damage is established to have resulted from a pre-existing defect or other matter for which Oakley Enterprises is legally responsible.

10.5 Suspension and Underbody Damage2
Damage to suspension, wheel alignment, camber components, suspension bolts, shock absorbers, springs, bushes, underbody components,plumbing or tanks resulting from impacts, corrugations, road conditions or off-road use is the responsibility of the hirer.

10.6 Duty to Report Damage
The hirer must notify Oakley Enterprises as soon as reasonably practicable after becoming aware of any mechanical failure, suspension damage, tyre damage, unusual tyre wear, abnormal noise, handling problem, structural damage or other issue that may affect the safe operation of the caravan.
Where reasonably practicable, photographs must be provided before repairs are undertaken.

10.7 Preventing Further Damage
Once the hirer becomes aware, or reasonably should become aware, of damage or a mechanical issue that may cause further damage, the hirer must take reasonable steps to prevent additional damage.
The hirer must not continue towing the caravan where doing so would be unsafe or where a suitably qualified repairer has advised that the caravan should not be towed.
Where suspension, wheel alignment, tyre or similar damage has occurred, the hirer must obtain an appropriate assessment before continuing where reasonably practicable.

10.8 Repairs During Hire
The hirer must contact Oakley Enterprises before authorising non-emergency repairs wherever reasonably practicable.
Emergency repairs reasonably necessary to make the caravan safe or prevent further damage may be undertaken where prior contact with Oakley Enterprises is not reasonably possible.
The hirer must retain invoices, photographs and, where reasonably practicable, removed or failed components relating to any repair.

10.9 Further Damage After a Known Fault
Where the hirer continues to tow or use the caravan after becoming aware of a problem, contrary to professional advice or without taking reasonable precautions, the hirer may be responsible for any additional damage or loss caused by that continued use.
This may include additional tyre wear or failure, wheel damage, suspension damage, towing or recovery costs and other reasonably incurred repair costs.

10.10 Recovery and Associated Costs
Where breakdown, recovery, towing, accommodation, transport or repair costs arise because of damage for which the hirer is responsible under this agreement, those costs are the hirer’s responsibility to the extent reasonably incurred as a consequence of that damage.
Where such costs arise from a defect or failure for which Oakley Enterprises is legally responsible, responsibility will be determined in accordance with the Australian Consumer Law and this agreement.

10.11 Bond Does Not Limit Liability
The security bond is held as security toward amounts payable under this agreement. The amount of the bond does not limit the hirer’s liability for damage, repairs, recovery or other amounts for which the hirer is responsible under this agreement. Any amount exceeding the bond remains payable by the hirer.

10.12 Inspection Following Return
Oakley Enterprises may inspect the caravan following return and obtain professional inspection, repair or alignment reports where damage is suspected.
The hirer remains responsible for damage occurring during the hire for which they are liable under this agreement even if that damage is not identified until after the caravan has been returned.

10.13 Australian Consumer Law
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.