Terms & Conditions

Payment Terms

Please read these terms carefully prior to making a booking. These terms form the basis upon which you may use and conduct business through campervanfinder.com or any related websites. The parties to these terms are Gypsy Adventure Travel Pty Ltd ACN 167 695 534 of Shop 4, 191-201 William St Darlinghurst NSW 2010 (“the website operator”, “us”, “we”, and “our”); and an end user, anyone who uses our site (“you” or “the customer”). These terms of use apply for all our websites (collectively referred to as “CampervanFinder.com”, or the “site”). These terms may be changed at any time at the discretion of the website operator.

The process explained

The following steps are required to book a vehicle during “the booking process”:

From* price: Our website lists and advertises the prices for rentals in low season. The search function on the homepage has no affect on the dates chosen, low season prices will always be shown to the user.

Booking: A booking guarantees that the vehicle presented on our website (accessible on the booking pages), or a similar vehicle with a different make and model but the same number of berths and seats, will be available to a customer at the pickup location. A deposit on the total rental cost is payable to the operators of this website, upon receipt we create the booking. The remainder of the rental fee is payable by the customer to the Rental Supplier upon pickup of the vehicle. There are a few suppliers who require payment at least 30 days before pickup, your sales agent will advise on this before the booking.

Deposit: The payment required by the operators of this site to book a customer’s vehicle. A deposit that is received and retained by Gypsy Adventure Travel Pty Ltd guarantees that the vehicle shown throughout the process, or a similar one but with a different make and model, will be available. The vehicle will be booked in the customer’s name. Deposit prices are chosen at the sole discretion of Gypsy Adventure Travel Pty Ltd and are subject to the refund policies outlined in this document.

“On-hold” vehicle: On some occasions, a vehicle is temporarily reserved (“placed on hold”) for a customer, typically for 1-3 days. Expiry time and date for on hold vehicles will be communicated via the customer’s sales rep via email or by phone.

Quote: The full price for a vehicle booking. The quote is shown on the Booking Page. The breakdown includes vehicle rental, deposit, insurance, fees, optional extras and inclusions. CampervanFinder.com does not charge any fees. Where possible a vehicle will be put “on hold” for a customer at the same time as the quote is created. Quotes can be given in the preferred currency of the user.

Payments through the “Booking” page

The operator of this website will take a deposit once a confirmation is given verbally or in writing, or if a customer selects to “Book” or “Pay Now” from the “Booking” section of the website or selects “Book” or “Pay Now” directly from the vehicle display page. While we take every precaution to secure a vehicle, depending on the Rental Supplier, allocation of a vehicle is not always performed in “real time”, i.e. not at the exact same time that a payment is made. In the event that the vehicle is consequently not available a refund may be applicable per the below (“Refunds of deposits where the vehicle is not available”). By paying a deposit on a vehicle hire to Gypsy Adventure Travel Pty Ltd you are agreeing to the payment terms set out in this document.

Refunds

Refunds of deposits where the vehicle is not available

Occasionally the delay between a payment and the provision of a vehicle by the Rental Supplier can mean that a vehicle is not available after a deposit has been paid. The delay is never more than one or two business days. In these circumstances, the sales rep will contact the customer and arrange a full refund or an alternative vehicle.

Refunds of deposits if the vehicle is not as you expected

What to do at the depot

When you arrive at the depot we strongly recommend that you take the vehicle offered by the Rental Company. In the event that the vehicle delivered at the depot is materially the same as the one for which you paid a deposit, failure to take the vehicle at the pickup depot will result in:

A cancellation fee from Gypsy Adventure Travel (see below), and

No refund of your deposit

If the vehicle presented at the depot is materially different (i.e. its a completely different vehicle) we recommend that you call our hotline to discuss alternatives.

Refund requests due to miscommunication by your agent/s

Refunds (or part thereof) may be applied by Gypsy Adventure Travel if there is proven to be a material miscommunication by your agent. Our Finance Team will work with your agent and Rental Company to determine if a refund or partial refund is warranted. All refund decisions are final and are at the sole discretion of Gypsy Adventure Travel. Please note that if you do not receive a favourable decision, and instead you wish to pursue the matter through your credit card issuer, a “Credit Card Dispute Fee” will be applied. Please see below for more details.

Your agent makes detailed notes of every phone call that took place and all emails are stored along with detailed site interactions (including your clicks on vehicle profiles, clicks through to the payment page etc). These all ensure a detailed “case history” is available to quickly settle miscommunication issues within 1-2 weeks of your request.

Refund requests caused by vehicle malfunction

Refunds (or part thereof) may be applied by the Rental Company if the vehicle delivered by the Rental Company was not of sufficient quality or if there was other issues that caused inconvenience. Unfortunately this is not uncommon due to the exacting conditions of Australia’s roads, geography and weather. As your agent we consider it our responsibility to help you get a satisfactory outcome. While our Finance Team will work with your agent and Rental Company on the matter we cannot guarantee a successful outcome. If a partial refund is paid by the Rental Company, no further refund will be payable by Gypsy Adventure Travel because their partial refund amount includes a refund component for the deposit amount.

Refunds for change of mind or change of plans

In the event that you wish to change your travel plans or change your vehicle there will be no refund or partial refund of your deposit. Changes of this nature should be requested through your agent. If you wish to cancel, Cancellation Fees will be applied (see below).

Refunds of deposits for any other reason

By making a payment for a deposit on a rental vehicle you accept the terms and conditions as stated in this document. Unfortunately due to the cost of processing bookings the website operator will only offer a refund of deposits under the exceptional circumstances outlined above.

Credit Card Dispute Fees

All payments through our websites will appear on your statement as “Gypsy Adventure Travel” or “CampervanFinder.com” depending on the currency you choose to pay with. Requests for refunds or partial refunds on your deposit must be directed to your agent. Requests for refunds should never be directed to your credit card issuer. Gypsy Adventure Travel will take every measure to ensure that attempts to reclaim money through credit card issuers fail. We store the following in your “case history” and provide it to our credit card merchant operators to ensure that refunds of this type are rejected:

Very detailed notes from all phone calls
Instant messenger chats
Email text
A video recording of the online session whereupon you paid the deposit and accepted these Payment Terms
Every link that you have clicked on and the time of that click
Your name, phone number, country you live in and all IP addresses used to access the site

To date we have been successful in 100% of credit card disputes. However there is significant time spent compiling the above information. Gypsy Adventure Travel Pty Ltd will apply a fee of AUD$150 for Australian pickups and NZD$150 for NZ pickups for all chargeback requests as a once off fee. If a dispute is found to be in your favour because there is evidence of fraudulent purchases on your credit card (note though that your IP address and therefore your location and also your phone number etc is stored, so legitimate cases of fraud have not yet been found) the Credit Card Dispute Fee will be waived.

Cancellations

Cancellations and modifications requests must be directed to your agent. Cancellations within 30 days from pickup are subject to Cancellation Fees as outlined below.

Cancellation Fees

When a cancellation is made by your agent, Gypsy Adventure Travel is liable for up to 50% of the full cost of hire if you are cancelling within 30 days of pickup or 100% of total cost if you fail to collect your vehicle. By accepting our Terms and Conditions (rather than the more expensive Terms and Conditions of the rental company that charge the above amounts), we effectively pay those costs on your behalf so that you do not have that future liability. However, if you cancel your rental within 0 to 30 days of pickup the following fees will be applied by Gypsy Adventure Travel Pty Ltd (note that they are considerably less than the fees that the rental companies would otherwise charge), applicable to bookings made after March 1st 2015. All prices are based on the currency of your quote (AUD for Australian pickups, NZD or NZ pickups). The deposit for the reservation is never refundable if you cancel the booking and the following additional fees will also apply:

if cancelled 7 to 21 days from pickup: 25% of total hire. Minimum fee payable is $250.
if cancelled less than 7 days from pickup: 50% of total hire. Minimum fee payable is $250.
if cancelled on the same day of pickup or a “no show” on day of pickup: 100% of total hire. Minimum fee payable is $400.

(Updated 1/3/2017): Hippie Camper, Cheapa Campa, Apollo Camper, StarRV, Mighty, Britz & Maui Bookings also have the following cancellation fees:

if cancelled 22 to 90 days from pickup: 10% of total hire. Minimum fee payable is $250.

When you book with us, you agree that our accounts department has the right to automatically charge your debit card or credit card any cancellation fees that apply to the cancellation of a booking. We strongly recommend that renters ensure they take out the highest level of Travel Insurance.

Cancellations processed through the Rental Company are also subject to the above Cancellation Fees. Cancellation Fees will be applied upon notification from the customer or the Rental Company. A failure to pickup your vehicle is considered a “no show” and is therefore subject to the fee outlined above.

Waivers & Insurance

There are 2 types of cover available. Your agent will be able to explain them in more detail and the full product detail is below:

The Rental Company’s “Excess Reduction” Cover: This reduces your excess payable in the event of an accident. Most operators offer more than one alternative, the excess decreases towards $0 for the top level of cover. Your agent can explain any other benefits of the various policies.

Comprehensive Travel Insurance (with Excess Cover): In the event that you do not wish to take the supplier’s “Excess Reduction” you are able to take out Comprehensive Travel Insurance (with up to AUD$8,000 excess cover) for your entire trip.

The Rental Company’s Excess Reduction

If you wish to take it, your agent will include the rental company’s excess reduction price in your quote. The terms for this type of cover differ greatly for each rental company, as do the benefits and the exclusions. There is usually more than one insurance option available. We encourage you to ask your agent for details of the rental company’s cover policy and to read the details as soon as possible after paying Gypsy Adventure Travel. In the event that you wish to change a booking because of the Rental Company’s policy, you will need to contact your agent within 24 hours of payment to be eligible for a refund under the terms outlined in “Refunds of deposits for any other reason”.

Comprehensive Travel Insurance (with Excess Cover)

If you do not wish to take the Rental Company’s Excess Reduction you should be aware that a significant bond will be payable at pickup. Gypsy Adventure Travel has partnered one of the largest insurers in the World, to offer Comprehensive Travel Insurance with rental vehicle excess cover (up to AUD$8000), personal items (AUD$4000) and more.

Modifications

To reduce the number of days for your booking, please contact the Rental Company. Note that if the modification decreases the cost of rental, the deposit amount will not be reduced. To increase the number of days or to modify your booking in any other way, please contact your agent.

Website Terms of Use

This is a website providing a comparison engine for campervans (“permitted purpose”). In consideration for providing you with a licence to use the site, you agree to only use the site in accordance with these terms.

We grant you a personal licence to use the site. Your licence is made up of this document, our privacy policy and any other policy that we may publish on the site from time to time. You must only use the site strictly on the terms of your licence, and only for the permitted purpose. A condition of this licence is that we may contact you by email for the purposes outlined in our privacy policy. Our advertisers, affiliates, and other users of the site may send you email for matters relating to the “permitted purpose”.

It is your responsibility to ensure that information you provide is true and correct and up to date and you comply with all applicable laws and the terms of this licence. It is solely your responsibility to ensure that the item you book, purchase or reserve is suitable for your intended purpose and you consent to us handling your personal information in accordance with our privacy policy. You also warrant that you are authorised to use any payment instrument through which you make a purchase or reservation, that the delivery address specified in your purchase with our advertisers and affiliates is correct and that you have not relied upon any representation given by us. You release us from any claim arising from the sale of goods.

We may provide you with links to external websites from the site, where you acknowledge that we do not endorse or recommend such website and such websites do not form part of our website. We do not warrant that any information contained in such website is true and correct and that these external websites do not contain viruses, trojans and other malware.

You must not use the site (or any software provided on or from the site) to abuse, menace, harass, intimidate or stalk anyone, break the law or allow another person to break the law, damage property including intellectual property, injure anyone, mislead or deceive anyone including through the creation of ‘spoof’ websites, facilitate the commission of a tort, or breach of contract, allow for the misuse of anyone’s confidential information, misuse or allow for the misuse of anyone’s personal information, sensitive information or health information, as defined by the Privacy Act 1988, facilitate or engage in any act or omission which is in contravention of the laws regarding Spam including the Spam Act 2003, interfere with someone else’s computer without their permission, allow a minor to view or access material which is inappropriate (or not classified for minors) for minors including pornography, send or distribute any virus, worm, trojan or other malicious code, send alter or create an electronic message (including spoofing) to conceal the true identity of the person from whom it originates, interfere with the proper operation of a website, blog, newsgroup, forum or chatroom, use a remote system (such as a mail server or proxy server), without the authorisation of the owner of it, for the transmission of data, operate a service such as a mail server or proxy server, without proper controls to prevent the use of the service by unauthorised third parties for the transmission of data, control or contribute to a Denial of Service attack, send, display or publish material which is obscene, offensive, defamatory or potentially defamatory, would contravene anyone’s intellectual property rights, is likely to incite sexual, religious or racial hatred, violence, discrimination or vilification; and despite anything to the contrary you must not procure another person to do any of the things prohibited under these terms.

Any intellectual property created while using the site vests solely with the person who created it – but you grant us an unlimited, royalty free licence to use and display anything which you (with our consent) create or post on the site. You may not use any of our intellectual property (including our name, logo or content) without our prior written approval. You must notify us immediately if you become aware of any advertisement on our website which infringes the intellectual property rights of any third party.

You acknowledge that the persons who use the site are not employed by us, and are not our agents, partners, joint venturers or authorised representatives – they are independent and that we do not endorse or warrant the content of any advertisements, reviews or other content on the site. Any agreement (other than these terms) you enter into with a seller is directly between you and the seller and is not with us. To the extent permitted by law we do not warrant that the content of the site is current or error free and we are not a party to any agreement for the sale of goods on the site. The site is only to be used as a guide and is not to be relied upon as advice about prevailing market rates of goods. You must accept use of the site from us subject to these acknowledgements, and none of them constitutes a defect in the site.

You release us from all losses and claims in respect of, or out of, such matters you acknowledge or their consequences. Except for any express warranties in these terms and, to the extent permitted by law, we disclaim all express and implied warranties in relation to the site and anything on it (or promoted on it). In the case of any breach of these terms (or any other part of the licence to use the site), or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to AUD$100 or if the breach or negligence relates to goods –

replacement of any goods involved or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and

– if the breach relates to services –
– supplying of the services again; and
– the payment of the cost (for the period of the breach) of having the services supplied again.

In no circumstances are we liable for any indirect, secondary or consequential loss or loss of income, loss of profit, or loss of bargain that you or anyone else may suffer.

We may deal with your personal information in accordance with our privacy policy as amended from time to time. We may use your personal information for promotional and marketing purposes until you request to opt out of receiving such information. You also consent to us sending you email to advise you of changes to the site or to market the site or our services to you. Where you obtain personal information through the use of the site, you must destroy that personal information within a reasonable time after you have used it for a purpose permitted by these terms.

We may terminate or suspend your licence to use the site at anytime where you breach these terms or for any other reason we deem appropriate. In addition to any other right of termination we may terminate your licence to use our site at anytime where we wish to discontinue our site or redevelop our site.

Either party may give notice by fax, to a publicly available email or mail to our registered company address. A notice is deemed to be served if it is mailed: before noon on the second business day after posting, if it is emailed during business hours upon the email leaving the sender’s mail server, and if outside business hours 9am on the next business day. If by fax, upon the delivery of a successful transmission report by the sender’s fax, but if outside of business hours, at 9am on the next business day. Any notice that is given must be in the English language.

If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.

This agreement and any contract arising under it is governed exclusively by the law of NSW, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in NSW, Australia.

No right under these terms can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.

A reference to the singular includes the plural and vice versa. Where one thing is said to include one or more other things, it is not limited to those other things. There is no significance in the use of gender-specific language. A “person” includes any entity which can sue and be sued. A “person” includes any legal successor to or representative of that person. A reference to a law includes any amendment or replacement of that law.