IMPORTANT - please read the following important information before confirming your booking. We suggest that you print or screenshot these entire terms and conditions so that you retain a copy for your records.
By participating in the Inspection you agree that these terms and conditions (Terms), between you and Transport for New South Wales (ABN 18 804 239 602) a NSW government agency constituted under the Transport Administration Act 1988 (NSW) (TfNSW), apply to your Booking, the Inspection (as defined below) and participation in the Free Caravan Safety Check and Weigh In Event (Event).
If you do not accept these Terms, you are indicating that you do not wish to participate in the Event and that you want to cancel your allocated Booking. Upon doing so, your Booking will be cancelled and an Inspection will not be undertaken.
Background
The Event is an initiative of TfNSW and organised in conjunction with NSW Police and Tamworth Regional Council. The purpose of the Event is to educate caravan owners about the safe and compliant towing of their caravans through weighing a participant’s tow vehicle (Vehicle) and caravan, motorhome or other recreational vehicle (Caravan) (the Inspection).
Your Booking
You must provide complete, accurate and current information when confirming your booking for an Inspection (Booking).
You warrant that you are the owner of the Vehicle and Caravan that you nominate in your Booking confirmation and you indemnify TfNSW for all loss, liability and costs it may suffer as a result of any breach of this warranty.
TfNSW will email you before the date of your allocated Booking, to provide you with detailed instructions about the Event and requiring you to confirm that you will be able to attend your allocated Booking for an Inspection with TfNSW.
You acknowledge that if you do not confirm your Booking for the Inspection using the link provided and accept these Terms and Conditions, within the timeframe specified in the email, TfNSW may cancel your Inspection.
If you become unable to attend your Inspection for whatever reason, you must let TfNSW know as soon as possible, by using the Contact details provided at clause 30.
Your Inspection
As part of your Inspection, TfNSW will measure the following weights of your Vehicle and Caravan:
Actual Aggregate Trailer Mass (ATM);
Actual Gross Trailer Mass (GTM);
Actual Gross Vehicle Mass (GVM);
Actual Ball Weight; and
Actual Gross Combination Mass (GCM), (together, the Measurements.)
TfNSW will inform you on whether each of the above Measurements is compliant and, if any of the above are not compliant, TfNSW will provide you with suggestions to achieve compliance.
Prior to your Inspection, you must ensure that:
your Caravan is unloaded, with a minimum amount of additional gear stored; and
all stabilising or load levelling devices are disengaged (which you can do on site, if necessary).
During your Inspection, you must comply with all reasonable directions of TfNSW or its contractors, including instructions to manoeuvre your Vehicle and Caravan during the Inspection, uncoupling and recoupling your Caravan from your Vehicle using the jockey wheel, positioning your Vehicle and Caravan (coupled and uncoupled) on the scales, and any other incidental tasks, as directed by TfNSW personnel or its contractors engaged in conducting the Inspection or as referred to in these Terms (Tasks).
You will be responsible at all times for performing the Tasks and for the safe operation and use of your Vehicle and Caravan (including uncoupling and recoupling of your Vehicle and Caravan). The TfNSW personnel or its contractors engaged in conducting the Inspection will not assist you with the Tasks.
You warrant that you are physically capable and experienced to perform the Tasks safely and properly and that your Vehicle and Caravan are reasonably fit for purpose. You indemnify TfNSW for all loss, liability and costs it may suffer as a result of any breach of this warranty.
You acknowledge that:
an Inspection does not provide an all-encompassing safety check or inspection of your Vehicle and/or Caravan;
you are at all times responsible for the safe operation and towing of your Vehicle and Caravan, including for the avoidance of doubt, before, during and after your participation in the Event; and
if, during your participation in the Event, you are informed of matters that are unsafe, non-compliant, of concern, or that ought to be monitored or addressed (Issues), you are responsible for:
safely towing and operating your Vehicle and Caravan when leaving the site of your Inspection and at all times after your participation in the Event until the Issues are rectified;
ensuring that the Issues are rectified safely and correctly to the required standard; and
ensuring that your operation of your Vehicle and Caravan is safe and compliant.
Liability and indemnity
You acknowledge that there is a risk of personal injury or property damage arising out of:
your performance of the Tasks;
the performance of the Tasks by anyone that you instruct, or that performs them on your behalf;
the Inspection generally;
any failure to properly carry out the Inspection;
your participation in the Event generally;
your failure to properly and efficiently rectify any Issues identified during an Inspection; and
any use or operation of the Vehicle and/or the Caravan subsequent to your participation in the Event,
(together, the Released Matters).
You accept all risks which could result in:
personal injury (whether that injury is temporary or permanent) or the loss of life; and/or
real or tangible property loss or damage, whether to your own property, TfNSW’s property or the property of another entity,
arising out of the Released Matters.
You accept all liability for, and indemnify TfNSW against, all damage or loss (including personal injury, or real or tangible property loss or damage) arising out of or connected with the Released Matters.
You release and indemnify TfNSW (including its staff and any of its contractors) and any other parties providing services in connection with the Event from and against, all claims (including any claim, allegation, debt, cause of action, liability, loss, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise) that arise out of, or are in any way connected to, the Released Matters.
The release and indemnity are continuing obligations, independent from the other obligations under these Terms and continue after the Event ends. It is not necessary for TfNSW to incur expense or make payment before enforcing a right of indemnity under these Terms.
Notify us of any changes
You must notify TfNSW of any change to the information provided in your Booking confirmation (including but not limited to your mobile phone number, Vehicle or Caravan registration).
Privacy
TfNSW is collecting and using your personal information in order to confirm your Booking and provide you with an Inspection at the Event and may for this purpose, disclose such information to third parties, including contractors that TfNSW may engage to conduct the Inspection. Otherwise we will not disclose your personal information without your consent unless authorised by law. Providing your personal information is voluntary, but you will not be able to have an Inspection at the Event unless you provide it.
TfNSW may use your personal information to provide you with information regarding your confirmed Booking, your Inspection, the Event and any other relevant information, by electronic messages (including SMS or email) or calling you.
Your personal information will be stored held and managed by TfNSW in accordance with the Privacy and Personal Information Protection Act 1998 (NSW) and TfNSW’s latest privacy policy available at www.transport.nsw.gov.au/about-us/transport-privacy.
To access or amend your personal information please use the access and amendment application forms available at www.transport.nsw.gov.au/about- us/transport-privacy
Changes to these Terms
You acknowledge that TfNSW may make changes to these Terms from time to time by notifying you by electronic message (including but not limited to by email or SMS notification).
General
If any part or provision of these Terms is deemed to be invalid or unenforceable it is only invalid or unenforceable to that extent, without invalidating or affecting the remaining provisions of these Terms or the validity of the remainder of that provision.
Any failure by TfNSW to exercise any right under these Terms does not operate as a waiver and the single or partial exercise of any right by TfNSW does not preclude any other or further exercise of that or any other right by TfNSW.
These Terms are governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the Courts of New South Wales.
Contact
30. All questions regarding the Event should be directed by email to Al Balding, TfNSW Associate Community and Safety Partner, at andrew.cutts@transport.nsw.gov.au
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Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.