Premium Membership Agreement

Content:
Camplify Premium Membership benefits 
MyWay Mutual Premium Membership 
On-Hire Excess and damage claims under Excess
Undetected Damage 
Premium Membership - Term, Commission, Contribution, and Cancellation
Camplify Premium Membership - RV Availability and Exclusivity
Contractual privity

This Premium Membership Agreement applies to Owners who choose the Premium Membership option when signing up to the Camplify Platform or who later upgrade to Premium Membership. 

This Premium Membership Agreement (Agreement) applies in addition to, and does not replace, the Camplify Terms of Service. It is a condition of your membership that you comply with the Terms of Service, Owner Rules, and Community Rules. Any suspension or termination of your account under the Terms of Service will 

automatically suspend or terminate (as applicable) your membership under this Agreement. 

This Agreement and the Terms of Service contain the entire agreement between the parties in respect of the subject matter of this Agreement. In the event there is a conflict between the terms of the Terms of Service and this Agreement, the Terms of Service will prevail. 

This Agreement shall be construed in accordance with and shall be governed by the laws in force in New Zealand. 

Camplify Premium Membership benefits 

As a Premium Member, your membership automatically includes:
a) reduced commission fee on each booking; 
b) unlimited hires on the Camplify platform; 
c) hire of your RV to hirers aged 21 years to 84 years, who are fully licenced; d) discounts on all products from the Camplify store; 
e) benefits and special offers from Camplify partners; 
f) your RV to be featured on Camplify’s tourism page in your local region; g) assistance with marketing collateral; 
h) priority over other membership types for PR and media opportunities in your local area; 
i) national roadside assistance whilst On Hire (subject to the towing distance and annual benefit caps set out in the Terms of Service); 
j) eligibility for membership of MyWay Mutual Holdings Limited (“MyWay Mutual”). MyWay Mutual provides MyWay Protect damage protection for your RV whilst On-Hire and for Personal Use (see MyWay Mutual Protect Product Disclosure Statement and Protection Wording (PDS) for inclusions and exclusions). 

You may also offer a booking of a tow vehicle in addition to a towable vehicle, provided both RVs have a current Premium Membership. 

For the purposes of this Agreement, “On-Hire” means the period, recorded on the Camplify Platform, during which an RV is in the custody or control of a hirer under a booking made on the Camplify Platform. 

MyWay Mutual Premium Membership 

a) As a Premium Member of Camplify, you are entitled to a membership of MyWay Mutual. You can obtain your MyWay Mutual Membership via the Camplify Platform. 
b) You must advise Camplify of any pre-existing damage to your RV at the start of your Premium Membership. 
c) You may be asked questions to confirm you have good driving and insurance records. You must answer these questions correctly and honestly. 
d) You must also tell Camplify if your licence is cancelled or suspended at any time after your Premium Membership has commenced and throughout the period of your membership. 
e) On becoming a member of MyWay Mutual and choosing Premium Membership for your RV, you will receive a certificate of protection including: 
i. the dates of the protection: and 
ii. the amount payable to MyWay Mutual for the protection. f) You can also download a Certificate of Currency that will detail your RV’s particulars. 
g) If your RV is suitable for off-road hire, your RV will also be protected under the MyWay Protect for off-road hire and personal use (subject to meeting the off-road hire requirements set out in the PDS) 

On-Hire Excess and damage claims under Excess 

Subject to any contribution from you for undetected Damage, if your RV is lost or damaged On-Hire, and 

a) a claim is approved by MyWay Mutual, Camplify is responsible for the $10,000 excess; or 

b) the loss or damage is under the $10,000 excess, Camplify will pay the reasonable costs of repairs. 

In both cases, you must assign any rights you have against the hirer, and/or a third party who caused the damage, whether under contract, tort, or otherwise, to Camplify. 

Undetected Damage 

Undetected Damage is Damage which the Premium Member alleges occurred On-Hire, but the Premium Member did not: 

a) identify the damage when the RV was returned; or 

b) complete the Pre-Hire Checklist; and/or 

c) did not complete the Post-Hire Checklist within 48 hours of the return of the RV. 

For Undetected Damage to be treated as On-Hire Damage you must establish to our reasonable satisfaction that the damage occurred On-Hire. A Premium Member contribution of $3,000 applies to Undetected Damage.

Damage means: any loss or damage to your RV, including its parts, components, and accessories that requires repair or replacement, subject to Fair Wear and Tear and excludes pre-existing damage. 

Fair Wear and Tear is as set out in the Fair Wear and Tear Guide – Camplify Owners and hirers, available https://www.camplify.co.nz/fair-wear-and-tear-guide, as may be amended from time to time. 

Premium Membership - Term, Commission, Contribution, and Cancellation 

a) Premium Membership is in respect of your RV and is a 12-month contract (Initial Term). 
b) Your Premium Membership subscription has a 21-day cooling-off period. 
c) Your annual Premium Membership subscription (Subscription Fee) is payable for each separate RV, based on your chosen subscription level. You may choose to pay the Subscription Fee annually or monthly. 
d) It’s your responsibility to keep your payment details current. MyWay Protect does not cover any incident that happens when any Subscription Fee has remained unpaid for 30 days or more. 
e) If one or more of your Subscription Fee payment(s) is overdue, Camplify may take action in accordance with the Terms of Service (including withholding hire fees subject to Camplify’s lien, suspension of your account, or termination of your Membership). 
f) The total Subscription Fees you have paid per financial year will be detailed in full on your EOFY tax statement. 
g) If you have a Premium Membership, Camplify will charge you a reduced 7% commission (the Commission) plus GST on each booking, which will be collected by Camplify. The Commission is charged on hire fees (including fees for hire of ancillary items, and services such as delivery) paid in respect of the booking. 
h) Camplify will pay a portion of the Subscription Fee to MyWay Mutual as the contribution for the provision of MyWay Mutual Protect On-Hire protection (the Contribution). At which point the Contribution will be deemed to be paid. The portion may vary from time to time. Changes to the portion will not increase the Subscription Fees (which may only be varied in accordance with paragraph n) below.) 
i) Camplify may vary the commission on 30 days’ notice in accordance with our Terms of Service. 
j) You may terminate the balance of your Subscription Fee by paying out the Term. To minimise disruption to hirers who have an upcoming booking for your RV, you are required to provide at least 4 weeks’ notice and follow the Camplify guidelines for deactivating your Camplify Membership. 
k) You will not be required to pay out the Initial Term where you have sold your RV and have provided proof of sale. Remember that forward bookings are a contract between you and the hirer, which you have an obligation to fulfill; you should plan a sale so that any booking commitments can be met. 
l) At the end of the Initial Term, your Premium Membership will roll over to a month-to-month basis, unless you choose to pay annually in advance on renewal. After the end of the Initial Term, you may cancel your Premium Membership at any time by providing 4 weeks’ prior written notice. If you paid your renewal annually in advance, the unused portion of your Subscription Fee will be refunded. 
m) On cancellation of your Premium Membership, your ability to claim under the MyWay Protect for loss or damage ceases on the day your membership ends. This will not affect any claims made prior to cancellation. 
n) Camplify may vary the Subscription Fees from time to time, on 30 days’ prior written notice. If you are in the Initial Term of your membership or have paid your renewal annually in advance, any increase will not apply until the end of your membership year. If your membership is on a month-to-month basis, a fee increase will apply at the end of the 30 days’ notice. 
o) Nothing in this Premium Membership Agreement is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, including your entitlement to a refund or other applicable remedies. 

Camplify Premium Membership - RV Availability and Exclusivity

a) Premium Members are required to make their RV available for hire on the Camplify Platform for at least 90 days per membership year. 
b) Camplify provides our Premium Members with marketing assistance and support to promote their RVs and grow their hire revenue through the Camplify Platform. Because Camplify shares valuable intellectual property and know-how with our Premium Members, Camplify requires that you only list your RV for hire on the Camplify Platform. You may not list on any other platforms at any time whilst you are a Premium Member. If you fail to comply with this obligation, you are not protected by MyWay Protect for any off-platform hire, and Camplify may take action in accordance with the Terms of Service (including suspension of your account or termination of your Membership). 

Contractual privity 

As provided by the Contract and Commercial Law Act 2017 (NZ), this Premium Membership Agreement is also entered into by Camplify for the benefit of, and will be enforceable by, MyWay Mutual, and MyWay Mutual has relied upon the provisions of this Premium Membership Agreement.