Camplify Terms of Service NZ

These Terms of Service for New Zealand apply to the use of the Camplify website, and Camplify App (together the Camplify Platform) and associated services.

The Camplify Platform allows RV owners to publish a listing on the Camplify Platform to offer their RV for hire (Hire Services) to hirers who can use the Camplify Platform to search for and book Hire Services.

The Terms of Service form a binding agreement between you (the owner or hirer) and Camplify Co (NZ) Limited (Camplify). In setting up an account on the Camplify Platform you are accepting these Terms of Service. You are also agreeing to comply with the rules and policies governing the Camplify community.

Rules and policies referred to in these Terms include:
Owner Rules;
Hirer Rules;
Cancellation Policy;
Community Rules;
Breakdown Policy;
Fair Wear and Tear Guide;
Disputes Resolution Policy; and
Privacy Policy

Owners must also enter into a Camplify Membership Agreement, the three Camplify Membership Agreement options are:
Bring Your Own Membership Agreement
Flexible Membership Agreement
Premium Membership Agreement

Content

1 Definitions and Interpretation
1.1 Definitions
1.2 Interpretation
2 Using the Camplify Platform
2.1 Provision of the Camplify Platform
2.2 Compliance with Camplify Rules
2.3 Identity and other checks
2.4 Making and Modifying Booking
2.5 Cancellations
3 Break downs
3.1 Roadside Assistance
3.2 Holiday disruption
4 Owner Terms
4.1 Ownership of the RV
4.2 RV Managers
4.3 Membership
4.4 RV Suitability
4.5 Listing your RV
4.6 Contracting with Hirers
4.7 Accounts Non-Transferable
4.8 Public Liability and Damage Cover
5 Hirer Terms
5.1 Bookings
5.2 Compliance with Rules
5.3 Prohibited Dealings
5.4 Insurance and Damage Claims
5.5 Additional Charges
5.6 Late payment
6 Payment
6.1 Authorisation of Camplify to accept payment
6.2 On booking
6.3 Camplify Fees
6.4 Owner amounts owing to Camplify
6.5 GST and Tax Information
7 General Terms
7.1 Relationship of parties
7.2 Reviews
7.3 Content and Intellectual Property
7.4 Confidentiality
7.5 Warranties
7.6 Owner’s Indemnity
7.7 Hirer’s Indemnity
7.8 Camplify Indemnity
7.9 Reduction of Indemnity
7.10 Exclusion of Consequential Loss
7.11 Consumer Law
7.12 Term
7.13 Suspension
7.14 Reinstatement of Account
7.15 Termination
7.16 No rejoining Camplify Platform
7.17 Dispute resolution
7.18 Notices
7.19 Variations to Camplify Platform
7.20 Variations to this agreement
7.21 Entire Agreement
7.22 No Assignment
7.23 Law and Jurisdiction
7.24 Severability

Terms and Conditions

1. Definitions and Interpretation

1.1 Definitions

Accident means an unforeseen event, mishap or incident that results in Damage to the RV, the RV’s contents or the property of a third party that occurs while the RV is on Hire.

Accident Excess Amount means amount payable by their Hirer in respect of Accident or Damage covered by the Accident Excess Reduction package selected by the Hirer for the Booking.

Accident Excess Reduction Charge means the charge applicable to the Accident Excess Reduction package selected by the Hirer for the Booking.

Accident Excess Reduction Package means the package selected by the Hirer relating to the excess payable by the Hirer in the event of an Accident during the rental period. Also known as the Accident Excess Reduction (AER) on the Camplify Platform.

Ancillary Items means certain ancillary items that an Owner may choose to make available for rental by a Hirer, together with the RV. This may include, but is not limited to, equipment such as portable speakers, beach umbrellas, bike racks, portable barbecues, hitches or electric brake controllers.

Authorised Driver means any driver, other than the Hirer, recorded in the Pre-Hire Checklist as being authorised to drive the RV whilst on Hire.

Booking means a booking of an RV made using the Camplify Platform by a Hirer and confirmed by the Owner for the dates recorded in the Camplify Platform and includes an Instant Booking.

Booking Date means the date that a Booking is finalised as determined by clause 2.5.

Booking Fee means the booking fee paid to Camplify by the Hirer in respect of a Booking.

Camplify Membership means the membership option that the Owner chooses when the Owner signs up to the Camplify Platform, being either: Bring Your Own Membership, Flexible Membership or Premium Membership.

Camplify Membership Agreement means the document on Camplify’s website which sets out the inclusions and exclusions of each of the Camplify Memberships, as amended from time to time.

Camplify Rules means the Owner Rules, Hirer Rules and Community Rules.

Change of Law means a change of any law, rule or regulation or interpretation there of that affects these Terms of Service or the activities of Camplify, Owners and/or Hirers in connection with these Terms of Service.

Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, Accident, Damage, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms of Service.

Commission means the amount payable to Camplify by the Owner in respect of a Booking. The applicable percentage of Commission depends on the Camplify Membership that the Owner chooses and is exclusive of GST.

Community Rules means the rules applicable to all users of the Camplify Platform, as amended from time to time.

Consequential Loss means any indirect, special, or consequential damage including loss of amenity, lost profits, loss of data or loss of goodwill or service interruption.

Damage means:
a) any loss or damage to the RV including its parts, components and accessories, however caused, that requires repair or replacement, subject to Fair Wear and Tear;
b) any loss or damage to third party property including motor vehicles
c) towing and salvage fees;
d) assessing fees; 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 at https://www.camplify.co.nz/fair-wear-and-tear-guide as may be amended from time to time.

Hire means the hire of the RV and any Ancillary Items for the duration of a Booking.

Hire Fees means the fees payable by the Hirer in respect of a Booking including fees for Hire of Ancillary Items, and services such as delivery, but excludes the Service Fee, Booking Fee and Accident Excess Reduction Charge.

Hirer means a person with a Camplify account that enables that person to Hire an RV through the Camplify Platform.

Hirer Rules means the rules applicable to Hirers, as amended from time to time.

Insolvency Event means the occurrence of any one or more of the following events regarding an Owner, Hirer or Camplify:
a) a meeting has been convened, resolution proposed, petition presented, or order made for the winding up of that party;
b) a receiver, receiver and manager, provisional liquidator, liquidator, or other officer of the Court, or other person of similar function has been appointed regarding all or any material asset of the party;
c) a security holder, mortgagee or chargee has taken attempted or indicated an intention to exercise its rights under any security of which the party is the security provider, mortgagor or chargor; or
d) an event has taken place with respect to the party which would make, or deem it to be, insolvent under any law applicable to it.

Instant Booking means a Booking made where an Owner has offered an RV for Hire on certain dates for acceptance by a Hirer without requiring any further confirmation from the Owner.

Liability includes liability, loss, damage, cost or reasonable expense (including, but not limited to, reasonable legal costs and defence or settlement costs)

Listing means a listing describing an RV prepared by an Owner published on the Camplify Platform.

Manager’s Authorisation to Act means a written authorisation completed by an Owner authorising an RV Manager to manage the Owner’s RV Listing(s) in a form approved by Camplify.

Mechanical Breakdown means the failure of mechanical and/or accessories, as set out in the Breakdown Policy which may include the living cabin, refrigeration, gas, water pump and/or shower/toilet. Defects and repairs of Wi-Fi, travel devices, radio, TV, CD or DVD player, awning, cruise control, etc. are not considered mechanical breakdowns.

Owner means the registered owner of an RV.

Owner Rules means the rules applicable to Owners, as amended from time to time.

Payment Method means the payment method associated with the Hirer’s Camplify account such as credit card or debit card.

Post-Hire Checklist means the post-hire checklist found on the Camplify App to be completed at the end of each Hire.

Pre-Hire Checklist means the pre-hire checklist found on the Camplify App, to be completed on the commencement of each Hire.

RV means any motorhome, campervan, caravan, camper trailer, tow vehicle or other category of recreational vehicle approved by Camplify and offered by an Owner for Hire on the Camplify Platform.

RV Manager means an individual or company appointed by the RV Owner to manage the RV, Listing and Hire of an RV.

Service Fee means the service fee set out in the Listing which the Owner charges to replenish perishables and to cover loss or breakage of minor, incidental items.

You means the Owner or Hirer, as applicable, who has set up an account on the Camplify Platform.

Young Driver Excess means the additional excess set out on the Camplify Platform payable by Hirers and Authorised drivers under 25 in the event of an Accident causing Damage.

1.2 Interpretation

In these Terms of Use, unless the context otherwise requires a reference to:
a) GST refers to goods and services tax under the Goods and Services Tax Act 1985 (GST Act) and Supply and Input Tax have the meanings as defined in the GST Act;
b) headings are for convenience only and do not form part of the Terms of Service or affect its interpretation;
c) a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
d) a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
e) time is a reference to legal time in New Zealand ; and
f) money (including ‘$’, ‘NZD’ or ‘dollars’) is to New Zealand currency.

2 Using the Camplify Platform

2.1 Provision of the Camplify Platform

a) Camplify provides the Camplify Platform only. Camplify offers Owners and Hirers the right to use the Camplify Platform.
b) Camplify is responsible for the operation and promotion of the Camplify Platform. Camplify will promote the Camplify Platform as reasonably appropriate. This may include in social media campaigns and at trade shows where some Premium Members may be invited to participate.
c) Camplify will use reasonable endeavours to operate and maintain the Camplify Platform to a high standard but does not warrant that use of the Camplify Platform will be without interruption or error free. If you experience an ongoing technical problem with the Camplify Platform please contact Camplify.
d) Camplify is not acting as an agent of the Owner, except to the extent that the Owner authorises Camplify to collect the Hire Fees, Service Fee and any other amounts due from the Hirer to the Owner on the Owner’s behalf.
e) The Owner is responsible for their RV, any Ancillary Items and for the information provided in the Listing.

2.2 Compliance with Camplify Rules

a) The Camplify Rules set ground rules for the Camplify community. Following the Camplify Rules helps provide a good experience for both Owners and Hirers.
b) It is a condition of using the Camplify Platform that:
(i) Owners agree to comply with Owner Rules;
(ii) Hirers agree to comply with the Hirer Rules; and
(iii) both Owners and Hirers agree to comply with the Community Rules.
c) Owners and Hirers acknowledge that Camplify may, but does not have the obligation to, monitor the use of the Camplify Platform for compliance with these Terms of Services and the Camplify Rules. In respect of non-compliance, Camplify may:
(i) require that a non-compliant Listing is amended;
(ii) amend a Listing is accordance with the Owner Rules; or
(iii) suspend or terminate an Owner or Hirer’s access to the Camplify Platform in accordance with clauses 7.13 and 7.15.
d) Owners and Hirers:
(i) must cooperate with and assist Camplify in good faith, and
(ii) agree to provide Camplify with any information reasonably requested,
in any investigation undertaken by Camplify regarding the use of the Camplify Platform or any alleged breach of these Terms of Services and/or the Camplify Rules.

2.3 Identity and other checks

a) Owners and Hirers authorise Camplify to verify their identity via our identity verification service provider. This will include:
(i) asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, your address, and other information; and
(ii) screening against third party databases or other sources.
b) Owners may also be requested to provide proof of ownership of their RV.
c) While these checks are a useful screening tool, Camplify does not assume responsibility for confirmation of any person’s identify Camplify does not warrant that verification, and identity checks conducted by Camplify will identify past misconduct or prevent future misconduct.
d) Hirers and Authorised Drivers agree to provide their drivers licence to the Owner, or RV Manager, at the beginning of the Hire to confirm that:
(i) the person collecting the RV is the Hirer named in the Booking; and
(ii) the Hirer and any Authorised Driver have a current, non-restricted, licence in the correct class to drive or tow the RV. If you hold a foreign licence, in a language other than English, it must be accompanied by an accredited English translation, or you may provide an International Driving Permit.
e) If the Hirer or any Authorised Driver are operating the Equipment under a driver licence issued outside of New Zealand which has not been converted into a New Zealand driver licence, the Hirer or Authorised Driver must comply at all times with all requirements set out by the NZTA relating to extensions of overseas driver’s licences and any timeframes for such licences to be valid must not be exceeded.
f) Owners are required to check, or ensure that their RV Manager checks, the Hirer and any Authorised Driver’s driver’s licence at the beginning of the Hire and record the driver’s licence details in the Pre-Hire Checklist.

2.4 Making and Modifying Booking

a) A Hirer wishing to book an RV may request to book via the Camplify Platform. Except in the case of Instant Booking, this request to book is sent to the Owner of the RV for acceptance. The Booking is finalised when the Owner confirms that the booking request is accepted.
b) Where an RV is Listed for Instant booking the Booking is finalised when the Hirer clicks instant book for the RV.
c) The Hirer is liable to pay the Hire Fees, Service Fee, Accident Excess Reduction Charge and Booking Fee plus applicable GST in respect of the finalised Booking. If the start date of the Booking:
(i) is 30 days or less after the Booking Date, the Hire Fees, Service Fee, Accident Excess Reduction Charge and Booking Fee are immediately payable;
(ii) is more than 30 days after the Booking Date, a deposit is immediately payable and the balance of the Hire Fees, Service Fee, Accident Excess Reduction Charge and Booking Fee will be charged to the Hirer’s Payment Method 30 days before the Booking start date.
If no payment is received on finalisation of the Booking the Owner or Camplify, on behalf of the Owner, may cancel the Booking.
d) If the Owner and Hirer agree to any changes to the Booking these changes must be made to the Booking on the Camplify Platform. The Hirer must pay any additional amounts applicable to the modified Booking.

2.5 Cancellations

a) It is a condition of using the Camplify Platform that each Owner selects and complies with a Cancellation Policy from the Cancellation Policy options available on the Camplify Platform.
b) The Camplify Platform provides Hirers with the ability to cancel their booking in accordance with Cancellation Policy selected by the Owner and displayed in their Listing.
c) Booking Fees are not refundable for change of mind cancellations. The amount of any credit or refund to the Hirer will be determined by the Cancellation Policy that applies to the Booking, as displayed on the RV Listing at the time of booking. Any refunds for change of mind will incur a processing fee as set out in the Cancellation Policy.
d) Since cancellations disrupt Hirer’s plans and impact confidence in the Camplify brand and community, Owners cancelling a Booking will be charged a cancellation fee and may incur other consequences as set out in the Cancellation Policy.
e) If the Owner cancels a Booking the Hirer will be provided a full credit and reasonable assistance from Camplify to rebook with a different RV in accordance with the Cancellations Policy.
f) If there is a dispute from either party relating to a cancellation, the Owner and the Hirer must give Camplify notice of the dispute within forty-eight (48) hours and allow Camplify to resolve the dispute in accordance with the Dispute Resolution Policy.

3 Break downs

3.1 Roadside Assistance

a) Camplify has arranged for our roadside assistance provider to provide roadside assistance in case of a mechanical issue or issue with core RV functionality (see the Breakdown Policy) with an RV while on Hire. Assistance is capped at $3,000 in benefits per RV per Camplify’s roadside assistance membership year.
b) If a RV needs to be towed due to a Mechanical Breakdown the maximum towing covered by Camplify is:
(i) up to 50km towing in metro and country areas;
(ii) up to 100km towing in remote areas
c) If an RV has reached the maximum of $3,000,
(i) the RV’s Listing will be suspended until the commencement of the next roadside assistance membership year. The suspension of the RV’s Listing will be removed at the beginning of the next roadside assistance membership year, if the Owner can establish to Camplify’s reasonable satisfaction that the RV is roadworthy and fit for hire;
(ii) any Bookings of the RV for the suspension period will be cancelled by Camplify; and
(iii) the Owner may elect to cancel the Camplify Membership applicable to the suspended RV and remove the RV’s Listing from the platform.
d) Camplify’s roadside assistance provider can assist with, lost keys or keys locked in a driveable RV (e.g. motorhome or campervan) however please note that extra charges will apply if any of these services are provided at the Hirer’s request.
e) Charges for roadside assistance may also apply where the call out is due to Owner or Hirer fault as set out in the Breakdown Policy.
f) Owners and Hirers should review the Breakdown Policy for more information on roadside assistance conditions and limitations.

3.2 Holiday disruption

a) If the RV suffers a Mechanical Breakdown, the Hirer must report the Mechanical Breakdown to the Owner and follow the breakdown procedures in the Breakdown Policy. Camplify must be informed of any unresolved Mechanical Breakdown within 24 hours.
b) If the Mechanical Breakdown continues for more than twelve hours you will be reimbursed up to a maximum of the daily Hire Fee for each day affected until the Mechanical Breakdown is rectified. In the case of a major Mechanical Breakdown Camplify may provide accommodation, car hire or alternate transport in accordance with the Breakdown Policy.
c) Camplify will not be liable for reimbursement under sub-clause (b) where the Mechanical Breakdown was caused or contributed to by the Hirer (e.g. where dash warning lights have been ignored) or occurs in the following conditions:
(i) disrupted air conditioning in temperatures over 36 degrees Celsius;
(ii) electric and/or Propox gas heaters in temperatures under 4 degrees celsius; or
(iii) water pumps freezing in temperatures below 2 degrees celsius.

4. Owner Terms

4.1 Ownership of the RV

a) The Owner owns the RV and makes the RV available for Hire to book on the Camplify Platform subject to these Terms of Use and the Owner Rules.
b) The Owner must sign up to the Camplify Platform before the Owner can List an RV for Hire.
c) By creating a Listing on the Camplify Platform you warrant that you are the registered owner of the RV featured in the Listing.

4.2 RV Managers

a) An Owner may appoint an RV Manager to manage their Listing, the Hire of their RV and to receive the Hire Fees, the Service Fee and any other amount payable by Camplify to the Owner, on the Owner’s behalf. If you appoint an RV Manager, you must provide Camplify a completed Manager’s Authorisation to Act. If an Owner appoints an RV Manager to manage an RV on their behalf, the actions of the RV Manager will be taken by Camplify as the actions of the Owner.
b) The Owner relies on its own enquiries in respect of securing its interests in the RV whilst in the possession or control of an RV Manager. Subject to sub-clause (c), the Owner acknowledges that the Owner has not relied on any representations, whether verbal, in writing or otherwise, made by Camplify in respect of any RV Manager.
c) RV Managers in the Camplify Certified RV Manager Program have been reviewed by Camplify against the program certification criteria on entry to the program and on annual review. While Camplify will conduct these reviews with reasonable care, Owners acknowledge that:
(i) Certified RV Managers are independent of Camplify;
(ii) Camplify is not responsible for the acts and omissions of any Certified RV Manager; and
(iii) Camplify otherwise makes no warranty in respect of the fitness or suitability of the Certified RV Manager.

4.3 Membership

a) Owners must choose a Camplify Membership when signing up to the Camplify Platform. Membership types are:
(i) BYO Membership;
(ii) Flexible Membership; and
(iii) Premium Membership.
b) The Owner must comply with the terms and conditions applicable to their chosen Camplify Membership, including complying with the applicable Camplify Membership Agreement.

4.4 RV Suitability

a) To qualify for Camplify Membership, your RV must be suitable for use as a recreational vehicle. To be considered suitable for use, the RV must have cooking facilities, refrigeration, sleeping facilities, seating, and storage. Camplify reserves the right to refuse any membership request if the RV fails to meet these or any other criteria as reasonably determined by Camplify.
b) The Owner must ensure that their RV is registered, fit for hire, well maintained and fully complies with the requirements of the Owner Rules at all times.
c) The Owner is responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to the Hire of your RV. This includes:
(i) fulfilling your obligations under applicable laws to report, collect, remit or include any applicable GST in your Hire Fees and Service Fee:
(ii) Ensuring that your RV has a current:
A. vehicle licence (registration):
B. electrical warrant of fitness (for RVs that can be connected to a 230-volt supply system); and
C. warrant of fitness or certificate of fitness (as applicable); and
(iii) Where road user charges (RUC) apply to your RV, ensure that sufficient RUC license(s) are in place to cover each Booking of your RV.

4.5 Listing your RV

a) To list any RV for hire, the Owner must create a profile Listing of their RV on the Camplify Platform and must include details, pictures and information as set out in the Owner Rules. Camplify may direct the Owner to amend the Listing, including but not limited to, adding more information or pictures in Camplify’s reasonable discretion. The Owner must comply with any such direction.
b) If the Owner provides incorrect or incomplete information about the operational requirements for the RV on the Camplify Platform or to the Hirer, and the Hirer or any third party incurs or suffers any Accident or Damage or Camplify Incurs any Liability as a result, the Owner:
(i) will be held responsible for any Damage; and
(ii) holds harmless and indemnifies Camplify against any Claim in respect of such Damage,
to the full extent permitted by law.
c) The Owner may include Ancillary Items or services, such as delivery, in the Listing for an additional charge.
d) The Owner must:
(i) describe applicable Hire Fees, Service Fee, and other charges in your Listing description; and
(ii) ensure that the Hire Fees, Service Fee, and any other charges are correctly recorded in the Booking.
e) The Owner must not collect any additional fees or charges outside Camplify Platform in respect of any Booking, except for resolving minor damage or post hire charges on completion of the Hire.

4.6 Contracting with Hirers

a) When an Owner accepts a Booking request or receives confirmation of an Instant Booking through the Camplify Platform, the Owner is entering into a contract for the Hire of their RV. The Owner is responsible for delivering the RV, any Ancillary Items and any services such as delivery to the Hirer on the terms recorded in the Booking.
b) The Owner acknowledges that the RV Hire is provided at the Owner’s risk, subject to any Damage cover provided by the Camplify Promise applicable to the chosen Camplify Membership.

4.7 Accounts Non-Transferable

a) Camplify Membership is personal to the Owner and non-transferable. If an Owner sells their RV they must terminate their membership in accordance with clause 7.15.
b) Owners must advise any buyer who wishes to List the RV on the Camplify Platform to create their own Camplify account and List the RV under the buyer’s Camplify Membership. Camplify may assist with transferring Bookings of the RV to the new Owner’s account where applicable.

4.8 Public Liability and Damage Cover

a) All RVs must have comprehensive damage cover, covering both damage to the RV and public liability for loss or damage to third party property in accordance with the applicable Membership Agreement.
b) The Owner must provide certificates of currency of the required insurances to Camplify upon request.

5 Hirer Terms

5.1 Bookings

a) Hirers are responsible for assessing the suitability of the RV for their Booking, including the compatibility of the RV with any tow vehicle used by the Hirer.
b) Hirers acknowledge that the information in Listings is prepared by, and is the responsibility of, the RV Owner. Camplify makes no warranty as to the accuracy or completeness of the information contained in any Listing.
c) Hirers agree that on Booking an RV, you are agreeing to pay all charges for your Booking including the Hire Fees, Service Fee, the Booking Fee and applicable Accident Excess Reduction Charge set out in the Booking (collectively, “Total Price”) plus appliable GST. The payment receipt email that you receive after you make a Booking outlines the period for which you have Hired the RV and the Total Price payable for the Hire, plus GST .
d) The Hirer is also agreeing that Camplify, via its payment service provider, may charge the Payment Method used to Book the RV in order to collect any, Accident Excess Amount, Road User Charge or other amounts payable under clause 5.5.

5.2 Compliance with Rules

a) All Hirer’s must read and will comply with the Hirer Rules. Hirers must also make sure that any Authorised Driver reads and complies with the Hirer Rules.
b) Hirers must comply with Owner’s hiring rules for use of the RV included the Listing, including minimum age requirements.

5.3 Prohibited Dealings

The Hirer and any Authorised Driver must not:
a) modify the RV in any way;
b) sell, rent, lease or dispose of the RV; or
c) register or claim to be entitled to register any interest in the RV under the Personal Property Securities Act 1999

5.4 Insurance and Damage Claims

a) Hirers are responsible for Damage incurred to the RV or its contents while on Hire, unless the Damage is due to Owner or equipment fault or caused by a third party whose details you have provided to Camplify.
b) Hirer’s must notify Camplify of any Accident or Damage occurring on Hire and complete an incident report form in accordance with the Hirer Rules.
c) An Owner may also report Damage via the Post-Hire Checklist. In which case the Hirer will be provided with the Post-Hire Checklist and given an opportunity to respond to the Damage claim, including providing relevant pre and post-Hire photos.
d) Hirers authorise Camplify to charge the cost of repairing Damage to the Hirer’s Payment Method.
e) All RVs have comprehensive Damage insurance. Where the Damage is accidental Damage covered by the Hirer’s Accident Excess Reduction Package, the maximum charge will be the applicable Accident Excess Amount plus any applicable Young Driver Excess.
f) If you have obtained equivalent insurance from a third party you may apply to Camplify to not participate in Camplify’s Accident Excess Reduction Packages. Equivalent insurance must provide comprehensive cover for Damage to the RV and third-party property damage. If your insurance is not comparable, Camplify reserves the right to require that you select an Accident Excess Reduction Package.
g) Where a Hire cannot continue due to an Accident or Damage caused by the Hirer, the Hirer will not be entitled to a refund for the remainder of the Booking.
h) Camplify, Camplify’s insurer or their agents may also pursue the Hirer to recover the costs of Damage using any remedies available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against the Hirer.

5.5 Additional Charges

a) The Hirer may be liable to pay additional charges in accordance with the Hirer Rules and these Terms of Service these charges include but are not limited to:
(i) excess kilometres, calculated in accordance with sub-clause (b);
(ii) reinstatement charges payable under sub-clause (c); additional days hire payable under sub-clause (d); and
(iii) road user charges payable under sub-clause (e).
b) If there is a kilometre allowance applicable to the Booking, the kilometre allowance and charge per excess kilometre fee will be set out in the Listing. Any excess kilometres travelled by the RV above the kilometre allowance will be payable by the Hirer in accordance with the charge per excess kilometre fee set out in the Listing (as at the time of making the Booking was made) upon return of the RV.
c) If the RV is not returned reasonably clean, refuelled or is otherwise not in same condition in which it was it was in at the start of the Hire, the Hirer must pay the costs of reinstating the RV to the original condition, Fair Wear and Tear excepted, this may include, but is not limited:
(i) cleaning costs;
(ii) refuelling;
(iii) costs to replace missing or damaged contents/items.
d) Except in the case of theft, which must be reported in accordance with the Hirer Rules, if the RV is not returned on the return date the Hirer will be charged for additional days at the applicable rate shown in the Listing until the RV is returned by the Hirer.
f) Where the Hired RV is a diesel-powered vehicle subject to road user charges, the Hirer will be charged 9 cents per kilometre driven during the Hire period.
g) Except where settled directly by payment to the Owner, the Hirer authorises Camplify to charge any additional charges payable under this clause 5.5 to the Hirer’s Payment method.

5.6 Late payment

If any amount payable by the Hirer remains outstanding for more than 14 days Camplify may charge a late fee of $50 to cover the additional time and effort spent chasing payment. If the amount remains unpaid for more than 30 days the debt may be referred to Camplify’s debt collection agency, at the cost of the Hirer.

6 Payment

6.1 Authorisation of Camplify to accept payment

a) Each Owner authorises Camplify, via its payment services provider, to collect and process funds on the Owner’s behalf from Hirers purchasing Hire Services.
b) Each Hirer acknowledges and agrees that, notwithstanding that Camplify is not a party to the Hire agreement between the Hirer and the Owner, Camplify is authorised to accept payments from the Hirer on behalf of the Owner.
c) Both Owners and Hirers agree that upon receipt by Camplify of Hire Fees, Service Fee and any other amounts payable by the Hirer to the Owner, the Hirer’s payment obligation to the Owner for the relevant amount is extinguished. Camplify is responsible for remitting the received funds to the Owner, less Commission and any other amount due from the Owner to Camplify in accordance with these Terms of Service.
d) At no point in time is Camplify holding funds on behalf of a Hirer.
e) If a Hirer has paid a deposit on a Booking but has not paid the balance the Owner, or Camplify of the Owner’s behalf, may cancel the Booking and the Cancellation Policy will apply as a Hirer Cancellation.

6.2 On booking

a) Upon receipt of notification of a confirmed Booking Camplify will:
(i) provide the Hirer with a tax invoice;
(ii) collect payment in accordance with clause 2.4.
b) Camplify will place a token or pre-authorisation on the Hirer’s Payment Method for the Accident Excess Amount and any Young Driver Excess.

6.3 Camplify Fees

a) Camplify charges fees (plus applicable GST) to Owners and Hirers for the right to use the Camplify Platform and the provision of related services.
b) Hirers agree to pay the Booking Fee and Accident Excess Reduction Charge in respect of each Booking made on the Camplify Platform.
c) The Commission is charged on the Hire Fees. Each Owner agrees to pay Camplify the Commission, plus GST, applicable to the Camplify Membership chosen by the Owner. The Owner authorises Camplify to deduct Commission plus GST from the Hire Fees paid by the Hirer for the Booking.
d) Subject to sub-clause (e), Camplify will pay to the Owner the Hire Fees (less Commission and GST) and Service Fee, received from the Hirer in accordance with the following terms:
(i) 50% on the Thursday on or after the Hire commences. This is the initial payment; and
(ii) 50% on the Thursday on or after the Hire ends. This is the final payment.
e) These percentages are based on the Hire Fees calculated when the Booking was made. If there are any subsequent changes to the Booking such as extension or reduction of days, or Ancillary Items added or removed, the split between the initial and final payment will be affected by the adjustments and not be 50/50.
f) Additional charges to the Hirer received at the end of the Hire will be paid as part of the final payment, or on the Thursday following such later date as the amounts are received from the Hirer.
g) Camplify may change the day of payment from a Thursday to another weekday on 30 days’ notice.
h) Owners who are Premium Members agree to pay membership fees in accordance with the Premium Membership Agreement.
i) Except as provided in these Terms of Service, the Camplify Rules and Camplify Policies, to the extent permitted by law, Booking Fees and Commissions are non-refundable. Nothing in this clause is intended to affect any right to a refund under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
j) Camplify reserves the right to change the Booking Fee and Commission at any time and will provide at least 30 days’ notice of any fee changes before they become effective. Changes will not affect Bookings made prior to the effective date of the change. If you are:
(i) a Hirer who disagrees with a Booking Fee change; or
(ii) an Owner who disagrees a change to the Commission payable by you,
You may terminate this agreement in accordance with clause 7.15. If You do not provide notice to terminate this agreement before the date the revised Commission or Booking Fee becomes effective, your continued access to or use of the Camplify Platform will constitute acceptance of the revised Commission or Booking Fee (as applicable).

6.4 Owner amounts owing to Camplify

a) If an Owner owes Camplify any amounts from previous Hires or Premium Membership Fees Camplify reserves the right to hold any future fees, including but not limited to Hire Fees and Service Fees, payable to the Owner on lien until the balance of all fees payable to Camplify are repaid and Camplify may deduct any amounts payable to it from any future fees that it receives on behalf of the Owner.
b) If any amounts payable to Camplify by the Owner remain outstanding for more than 30 days the debt may be referred to Camplify’s debt collection agency, at the cost of the Owner.

6.5 GST and Tax Information

a) Camplify’s rates for Accident Excess Reduction Charge are GST Inclusive. Booking Fees and Commissions are GST exclusive.
b) If GST is payable on any other Supply made under, by reference to or in connection with these Terms of Service the party providing the consideration for that Supply must also pay the amount of any GST payable in respect of that Supply. The Owner must ensure that their Hire Fees, Service Fee and other charges specified in their Listing are inclusive of GST, where applicable.
c) Any reference in the calculation of consideration or of any indemnity, reimbursement or similar amount to a cost, expense or other liability incurred by a party, must exclude the amount of any Input Tax credit that party is entitled to in relation to the relevant cost, expense, or other liability.
d) Owners must advise Camplify of their name (as it is provided to the IRD), tax file (IRD) number and their GST registration status (together “Tax Information”). Owners must provide the Tax Information before their Listing can go live on the Camplify Website. Owners must promptly advise Camplify of any changes to their Tax Information, including any change to the Owner’s GST registration status.

7 General Terms

7.1 Relationship of parties

a) Owners and Hirers are independent individuals or entities. These Terms of Service do not imply that any agency, partnership, joint venture or other form of association in which any Owner, Hirer or Camplify may be liable for the acts or omissions of each other.
b) Camplify does not direct or control the Hire services. Owners and Hirer’s acknowledge that the Owner has complete discretion whether and when to provide Hire services and at what price.

7.2 Reviews

a) After each Hire, Owners and Hirers will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive or defamatory language or explicit or illegal content.
b) Reviews are not verified by Camplify for accuracy and may be incorrect or misleading. If you believe that a review posted about you is incorrect or misleading, or breaches the standards in subclause (a) raise this with the reviewer, Camplify can then make any agreed changes to the review. If your concern is not resolved by agreement with the reviewer, it may be referred to Camplify in accordance with the Disputes Resolution Policy.

7.3 Content and Intellectual Property

a) The Camplify Platform allows Owners and Hirers to provide feedback, text, photos and share other information (Content) via Listings, Pre and Post-Hire Checklists, in platform messaging, reviews and other features. By providing Content, in whatever form and through whatever means, you grant Camplify a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable licence, to access, use, store, copy, modify, distribute, publish, and transmit the Content for the purposes of providing and promoting the Camplify Platform.
b) Content containing personal information will only be used in accordance with Camplify’s Privacy Policy.
c) As an Owner or Hirer you:
(i) are responsible for all Content that you provide;
(ii) warrant that you either own the Content or are authorised to grant Camplify the rights described in subclause (a); and
(iii) are liable, and indemnify Camplify against any Claim, if any of your Content violates or infringes the intellectual property rights or privacy of any third party.
d) The Camplify Platform contains object and source code, trademarks, images, video, audio text and other material owned by Camplify and protected by copyright, trademark, and/or other laws of New Zealand and other countries (Camplify Intellectual Property). Subject to your compliance with these Terms of Service, Camplify grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
(i) download and use the Camplify App on your personal device(s); and
(ii) access, view and use the Camplify Intellectual Property made available on or through the Camplify Platform, for the sole purpose of managing Listings and Bookings and other activities carried out on the Camplify Platform.
e) You must not copy, publish, transmit or otherwise use the Camplify Intellectual Property outside of the Camplify Platform without Camplify’s prior written consent.
f) Camplify warrants that your use of the Camplify Intellectual Property strictly in accordance with sub-clause (d) will not breach the intellectual property rights of any third party and indemnifies you in respect of any breach of this warranty.

7.4. Confidentiality

a) Owner and Hirers are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party.
b) Communication between Owners, Hirers and Camplify is personal. Owners and Hirers agree to keep confidential and not disclose their communication with each other or Camplify for any purpose not directly associated with the Booking or enquiry to which the communication relates unless:
(i) required to be disclosed by law or any order of any court, tribunal; or
(ii) the other party/ies to the communication have consented to the disclosure.
c) Camplify may use and disclose its communications with, and communications between, Owners and Hires for purposes of operation and administration of the Camplify Platform including but not limited to:
(i) providing customer support;
(ii) investigating and resolving disputes,
(iii) assessing claims for Damage,
(iv) preventing dishonesty and fraud; and
(v) responding to or defending any Claim.

7.5 Warranties

Other than as expressly provided in these Terms of Service, or applicable Membership Agreement, and to the extent permitted by law, Camplify does not provide and expressly excludes all other warranties whether implied by statute or otherwise in respect of any of the services to be provided by Camplify, including but not limited to, provision of the Camplify Platform.

7.6 Owner’s Indemnity

Each Owner indemnifies, and agrees to keep indemnified, Camplify against any Claim and all reasonable costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) arising in connection with the Owner’s use of the Camplify Platform and/or the Hire of the Owner’s RV to the extent that such Claim, cost, charge or expense is caused by the Owner’s breach of its obligations or warranties under these Terms of Service, including the obligation to comply with the Owner Rules.

7.7 Hirer's Indemnity

Each Hirer indemnifies, and agrees to keep indemnified, Camplify against any Claim and all reasonable costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) arising in connection with the Hirer’s use of the Camplify Platform and/or the Hire by the Hirer of an RV to the extent that such Claim, cost, charge or expense is caused or contributed to by the Hirer’s breach of its obligations or warranties under these Terms of Service, including the obligation to comply with the Hirer Rules.

7.8 Camplify's Indemnity

Camplify indemnifies, and agrees to keep indemnified, each Owner and Hirer against any Claim and all reasonable costs, charges and expenses (including legal fees and disbursements on a full indemnity basis) arising in connection with the provision of the Camplify Platform to the extent that such Claim, cost, charge or expense is caused by Camplify’s breach of its obligations or warranties under these Terms of Service.

7.9 Reduction of Indemnity

Each indemnity provided under these Terms of Service will be reduced to the extent that the applicable Claim cost, charge or expense was caused or contributed to by the act or omission of the indemnified party.

7.10 Exclusion of Consequential Loss

a) To the extent permitted by law,
(i) Camplify is not liable to each Owner and Hirer; and
(ii) each Owner and Hirer is not liable to Camplify,
for any Consequential Loss.
b) Consequential Loss does not include Camplify’s costs of providing holiday disruption or other reasonable assistance to a Hirer where a Hire is disrupted or cannot proceed due the Owner’s breach of these Terms of Service (including the obligation to comply with the Owner Rules). These costs may be passed on to the Owner.

7.11 Consumer Law

Nothing in these Terms of Service is intended to limit or affect 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.

7.12 Term

The agreement between You and Camplify set out in these Terms of Service commences when you access the Camplify Platform to create an account and remains in effect until either you or Camplify terminates the agreement in accordance with these Terms of Service.

7.13 Suspension

If:
a) you breach these Terms of Service, the Community Rules or the Owner or Hirer Rules as applicable;
b) we reason to believe that you have violated applicable laws; or
c) in the case of any Owner:
(i) you have not completed repairs following a cash settlement under the Camplify Promise
(ii) you have repeatedly cancelled Bookings or failed to respond to booking requests;
(iii) we have reason to believe that your RV provides a hazard or potential hazard to any Hirer or to the reputation of Camplify, or
(iv) you are Premium Member and have breached the terms of your Premium Membership Agreement,
(each a “Default”) Camplify may:
d) suspend your access to or use of the Camplify Platform,
e) suspend or remove your Listing(s); or
f) cancel your Bookings.
Camplify will provide you with notice of our intended action and allow you a reasonable opportunity to rectify the Default except:
g) where there is a risk of harm to persons or property; or
h) in the case of violation of applicable laws.

7.14 Reinstatement of Account

a) If your access to the Camplify Platform is suspended under clause 7.13, your access will be reinstated when you have rectified the Default to Camplify’s reasonable satisfaction.
b) Where an Owner’s account and/or Listing has been suspended due to concerns that the RV is not fit for hire, Camplify may require a condition report and evidence of repair before reinstating the RV’s Listing.

7.15 Termination

a) A Hirer may terminate their Camplify account at any time when they don’t have an upcoming Booking. If you have an upcoming Booking you may terminate your account on completion or cancellation of the Booking. The Cancellation Policy will apply to any cancelled Booking.
b) An Owner may terminate their Camplify Membership on providing at least 4 weeks’ notice. Owners agree to follow the Camplify guidelines for deactivating your Camplify Membership. Premium Owners may be liable to pay membership fees for the balance of the term of their Premium Membership Agreement in accordance with that agreement.
c) Camplify may terminate this agreement with an Owner or Hirer where:
(i) Camplify has taken suspension action under clause 7.13, and the Default remains unresolved for more than 30 days;
(ii) the Owner or Hirer has committed more than one Default in the previous 12 months; or
(iii) the Default is material and not capable of remedy.
d) Any party may terminate this agreement if the other party is subject to any form on Insolvency Event or becomes bankrupt (as that term is defined in the Insolvency Act 2006).
e) Termination of this agreement will not affect any outstanding debts, accrued rights or remedies a party may have as at the date of termination, this includes any outstanding Damage claim.
f) The obligations in clauses 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 7.10, 7.11 and 7.23 will survive termination of this agreement.

7.16 No rejoining Camplify Platform

a) If your access to or use of the Camplify Platform has been suspended, under clause 7.13 or has been terminated by Camplify under clause 7.15, you must not register a new account or access or use the Camplify Platform through an account of another person.
b) In you breach of sub-clause (a) Camplify may immediately suspend or terminate the account which you have used.

7.17 Dispute resolution

a) If there is a dispute arises between an Owner and a Hirer, either party may refer the dispute to Camplify. Camplify will use reasonable endeavours to assist the Owner and Hirer to resolve the dispute in accordance with the Camplify Dispute Resolution Policy.
b) If a dispute arises between an Owner or Hirer and Camplify, the parties must not commence any court proceedings (other than proceedings for urgent interlocutory relief) in respect of the dispute until they have complied with Camplify’s Dispute Resolution Policy.

7.18 Notices

Any notices or other communications between Owner, Hirer and Camplify permitted or required by these Terms of Service, will be provided electronically and given by via email, the Camplify Platform notification, messaging service (including SMS).

7.19 Variations to Camplify Platform

Camplify reserves the right to change our services, including to add or remove features and functionalities of the Camplify Platform or change the types of Listings Camplify allows on the platform, including but not limited to:
a) to improve or update the Camplify Platform or our services;
b) in response to feedback from Owner and/or Hirers;
c) prevent fraud or other abuse;
d) to comply with, or in response to, legal requirements.
If we make material changes, we will provide you with 14 days’ advance notice, unless the changes are to prevent fraud or other abuse or to comply with or in response to legal requirements.

7.20 Variations to this agreement

a) Camplify reserves the right to modify these Terms of Services. If Camplify make changes to its Terms of Service, Camplify will provide Owners and Hirers with notice of the modifications by email at least 30 days before the date they become effective.
b) Except where the changes are reasonably required to comply with a Change of Law, an Owner or Hirer who disagrees with the revised Terms of Service, may terminate this agreement by written notice to Camplify in accordance with clause 7.15.
c) If You do not provide notice to terminate this agreement before the date the revised Terms of Service become effective, Your continued access to or use of the Camplify Platform will constitute acceptance of the revised Terms of Service.

7.21 Entire Agreement

a) Except as they may be supplemented by the Camplify Rules, Camplify Membership Agreement, policies, and guidelines, these Terms of Service (including those items incorporated by reference) constitute the entire agreement between Camplify and Owners and Hirers concerning access to or use of the Camplify Platform and supersede any and all prior oral or written understandings or agreements between Camplify and you.
b) Subclause (a) does not exclude the Liability of Camplify, an Owner or Hirer for any false, misleading or deceptive statements or misrepresentations, where oral or written.

7.22 No Assignment

The rights and obligations of each party under these Terms of Service are personal and except as set out in this Terms of Service they may not be assigned, charged, encumbered or otherwise dealt with.

7.23 Law and Jurisdiction

These Terms of Service shall be construed in accordance with and shall be governed by the laws in force in New Zealand.

7.24 Severability

If any provision of these Terms of Service is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms of Service and the remainder of the provision in question will not be affected.

Camplify Co (NZ) Limited Terms of Service

Effective 3 July 2024

Content

Terms and Conditions