Cooler Keg Rental Terms and Conditions

These Terms and Conditions ("Terms") govern the rental of the Cooler Keg (the "Product") from Nomad Tap Pty Ltd (ABN 39 687 633 727) ("We", "Us", or "Our") to You (the "Renter" or "You"). By renting the Product, You agree to be bound by these Terms. These Terms are subject to Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth), and nothing in these Terms limits Your rights under the ACL.

1. Rental Agreement

  • Eligibility: You must be at least 18 years old to rent the Product.
  • Product Description: The Cooler Keg is a portable kegerating system designed for cooling and dispensing beverages from kegs. The specific Product rented will be identified in the rental confirmation.
  • Rental Period: The rental commences on the date of collection or delivery and ends on the agreed return date, as specified in the rental confirmation. The maximum rental period is 30 days. Extensions must be requested in writing and approved by Us.
  • Rental Fees: You agree to pay the rental fee of $200 for up to 5 days (4 nights). Additional charges apply for extra kegs and/or extra time, as detailed in the rental confirmation. Late returns may incur additional fees at a rate of $50 per day.
  • Payment: Payment must be made via credit card or bank transfer at the time of booking. All fees are inclusive of GST unless stated otherwise.

2. Renter's Responsibilities

  • Care and Use: You are responsible for using the Product in a safe, reasonable, and lawful manner, in accordance with any provided instructions or manuals. The Product must not be used for illegal purposes or in a way that could cause harm to persons or property.
  • Condition on Receipt: Upon collection or delivery, You must inspect the Product and notify Us immediately of any pre-existing damage or defects. Failure to do so means You accept the Product as being in good working condition.
  • Maintenance and Damage Prevention: During the rental period, You must:
    • Keep the Product clean, secure, and protected from theft, loss, or damage.
    • Not modify, alter, or tamper with the Product.
    • Ensure the Product is not exposed to extreme conditions (e.g., excessive heat, water damage beyond normal use, or rough handling).
    • Supervise the Product to prevent misuse by third parties.
  • Return Condition: You must return the Product in the same condition as received, subject to fair wear and tear. Fair wear and tear does not include damage from negligence, misuse, or accident.

3. Damage, Loss, and Liability

  • No Upfront Bond: We do not require an upfront security deposit or bond. However, You remain fully responsible for any damage, loss, or theft of the Product during the rental period.
  • Assessment on Return: Upon return, We will inspect the Product. If the Product is damaged, lost, or not returned, We will notify You within 7 days and provide evidence (e.g., photos, repair quotes).
  • Invoice for Damages: If damage is attributable to You (beyond fair wear and tear), We will issue an invoice for the reasonable costs of repair, replacement, or cleaning. This may include:
    • Repair costs from a qualified technician.
    • Replacement value if the Product is irreparable or lost (up to $2,000 AUD).
    • Any associated administrative or recovery fees.
  • Payment of Invoice: You agree to pay the invoice within 14 days of receipt. Non-payment may result in debt collection actions, and You will be liable for any additional costs incurred.
  • Liability Limitation: To the extent permitted by law (including ACL), Our liability is limited to the rental fee paid. We are not liable for indirect or consequential losses (e.g., loss of use, business interruption). You indemnify Us against any claims arising from Your use of the Product.
  • Insurance: You are encouraged to obtain Your own insurance for the Product during the rental period. We do not provide insurance coverage.

4. Cancellation and Refunds

  • Cancellation by You: Cancellations more than 48 hours before the rental start are eligible for a full refund. Later cancellations may incur a 50% fee.
  • Cancellation by Us: We may cancel the rental if the Product is unavailable or for safety reasons, providing a full refund or alternative.
  • Refunds: Refunds are processed in accordance with ACL and will be issued via the original payment method.

5. Termination

  • We may terminate the rental immediately if You breach these Terms, with You remaining liable for all fees and damages up to termination.
  • Upon termination or end of rental, You must return the Product promptly.

6. Governing Law and Disputes

  • These Terms are governed by the laws of New South Wales, Australia.
  • Any disputes will be resolved through negotiation, or if necessary, in the courts of New South Wales. You may also have rights to refer disputes to consumer tribunals under ACL.

7. General

  • Entire Agreement: These Terms constitute the entire agreement and supersede any prior representations.
  • Amendments: We may amend these Terms with notice to You.
  • Privacy: We handle Your personal information in accordance with Our Privacy Policy available at https://thecoolerkeg.com.au/policies/privacy-policy and the Australian Privacy Principles.
  • Force Majeure: Neither party is liable for delays due to events beyond control (e.g., natural disasters).

By signing or confirming the rental, You acknowledge that You have read, understood, and agree to these Terms.