Terms & Conditions

Effective as of 1st April, 2009

This agreement is between the rental vehicle operator (the “Operator”) and the hirer whose particulars are recorded in this agreement (the Hirer”). It is hereby agreed that:

VEHICLE DESCRIPTION AND TERM OF HIRE

1. The Operator will let and the Hirer will take the vehicle, details of which are set out page 1 of this agreement the "Vehicle", for the term of hire described in this agreement.

PERSONS WHO MAY DRIVE VEHICLE

2. The Vehicle may be driven during the term of hire only by the persons described in this agreement and only if each such person holds a current full driver's licence appropriate for the class of vehicle in this agreement and is aged 21 or over. The licence details are recorded in the agreement alongside each person's name. If the foreign driver's licence is not in English, an English translation or international driving permit shall be carried with the foreign driver's licence.

PAYMENTS BY HIRER

3. The Hirer shall pay the Operator for the hire of the Vehicle the sums specified in this agreement. At time of booking a 20% deposit shall be debited from the Hirer’s credit card. The deposit secures the booking. The balance shall be debited from the Hirer’s credit card 35 days prior to commencement of the hire. If the balance is not received 35 days prior to commencement of the hire, the Operator reserves the right to treat the booking as cancelled.  If the term of hire is later extended the Hirer shall pay the Operator for the additional hire period when the Operator confirms the extended period.

4. In addition, the Hirer acknowledges that s/he shall be liable to pay to the Operator at the end of the hire period any additional charges specified in the agreement. These may include charges for fuel, late return, damage or repairs up to the insurance excess amount, any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees, and toll charges. The charges may be deducted from the Hirer's credit card, or by payment in any other manner, during or after the term of hire is completed.

5. All payments shall be made in New Zealand dollars at the New Zealand currency rate on the day payment is made.

6. Rates include unlimited kilometres and GST. Rental days are calculated on a calendar basis. Part days at the start or end of the hire are charged at the daily rate. The day of pick-up is counted as day one of the hire period regardless of the pick-up time. The day the Vehicle is returned is counted as the final day of the rental regardless of return time.

7. Late pick up or early return of the Vehicle shall not entitle the Hirer to any refund of the unused portion of the rental.

8. The Hirer agrees to pay a bond of $5000 at the start of the hire which will be refunded once the Vehicle and its contents have been returned in the same condition as when hired and the Vehicle is returned to the agreed location on the agreed date. The bond will be reduced rateably and proportionally to allow the Operator to put the Vehicle and/or its contents back in the same condition it was when it was hired.

9. On payment of liability reduction insurance ("Excess Waiver") by the Hirer, the bond payable by the Hirer is reduced to $500.

USE OF THE VEHICLE

10. The Hirer shall not:

• Sublet or hire the Vehicle to any other person;
• Operate the Vehicle, or permit it to be operated in circumstances that constitute an offence by the driver, which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drugs;
• Drive or allow the Vehicle to be driven on any beach or surface likely to damage the Vehicle; or
• Involve the Vehicle in any race, speed test, or rally.

OPERATOR'S OBLIGATIONS

11. The Operator shall supply the Vehicle in a safe and roadworthy condition.

12. The Operator shall be responsible for all ordinary and extraordinary costs of running the Vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the Hirer.

HIRER'S OBLIGATIONS

13. The Hirer shall ensure that:

• All reasonable care is taken when driving and parking the Vehicle;
• The engine coolant and oil in the Vehicle are maintained at the proper level;
• The tyres are maintained at their proper pressure;
• The Vehicle is locked and secure at all time it is not in use;
• The Vehicle keys are kept secure. The cost of replacement keys (approximately $500) is at the Hirer's expense;
• No part of the engine, transmission, braking or suspension systems are interfered with;
• The fuel tanks are filled with the correct fuel and the freshwater tanks are not contaminated. The cost of draining and decontaminating tanks is at the Hirer's expense;
• Should a warning light be illuminated or the Hirer believes the Vehicle requires mechanical attention, s/he stops driving and advises the Operator immediately;
• There is no smoking in the Vehicle. Any evidence of smoking in the Vehicle shall incur a cleaning fee of $500; and
• Animals, except for registered guide dogs, are not permitted inside the Vehicle.

MECHANICAL REPAIRS AND ACCIDENTS

14. If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer shall notify the Operator of the full circumstances within 24 hours or as soon as practicable in order to give the Operator the opportunity to rectify the problem during the rental. Failure to do so may affect any claims for compensation.

15. The Hirer shall not arrange or undertake any repairs or salvage without the Operator's authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property. Tyre repairs shall be reimbursed upon presentation of receipts at the completion of the hire period.

16. If the Vehicle is damaged to the extent that it cannot be driven, the Operator shall endeavour to exchange the Vehicle. Provision of an exchange vehicle is subject to availability and Hirer's location.

17. The Operator's liability extends only to the refund of hire charges for any full days of Vehicle use lost due to a mechanical breakdown. No responsibility for out of pocket expenses, accommodation charges or meals resulting from a breakdown or accident will be accepted.

RETURN OF THE VEHICLE

18. The Hirer shall, at or before the expiry of the term of hire, deliver the Vehicle to the Operator as shown on the front of this agreement, or obtain the Operator's consent to the continuation of the hire. Any alteration to the place the Vehicle is returned to may be subject to a charge of up to $1000. Failure to return the Vehicle at the agreed time and/or day will incur a late fee of $150 per day payable in addition to the daily rental rate for each day until the Vehicle is returned.

19. The Hirer shall return the Vehicle with

• a full diesel tank and LPG bottles. Failure to do so shall result in refill charges;
• empty waste tanks;
• all Vehicle equipment accounted for and undamaged. The Hirer is liable for any equipment that is damaged or not accounted for

20. The Hirer shall return the Vehicle in a reasonably clean and tidy condition. Failure to do so shall result in a cleaning fee of up to $150.

INSURANCE

21. Any driver described in this agreement as a person permitted to drive the Vehicle is, subject to the exclusions set out below, covered against any loss or damage to the Vehicle, its accessories and spare parts, and for any consequential damage, loss or costs incurred by the Operator through salvage or loss of revenue resulting from the hire.

22. Any driver described in this agreement as a person permitted to drive the Vehicle is, subject to the exclusions set out below, is indemnified to the extent of $1,000,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the Vehicle.

23. The Hirer's liability will be for any loss or damage to the Vehicle, however caused, and for any consequential loss or damage, during the term of this hire, or during any authorized extensions to the term.

24. The excess payable by the Hirer is $5000 in the case of damage to, or accidents involving the Vehicle when the Hirer has not taken liability reduction insurance ("Excess Waiver"). On payment of liability reduction insurance ("Excess Waiver") by the Hirer, the excess payable by the Hirer is eliminated.

25. In the event of any damage to a Vehicle or third party property, another bond shall be collected to cover the excess for any subsequent damage.

26. Where the total cost of a claim is less than the excess then the Hirer shall be liable to pay that lesser amount except in the case of replacement or repair of damaged windscreens or tyres.

INSURANCE EXCLUSIONS

27. The Hirer acknowledges that the cover referred to in clause 21 will not apply when:

• the Vehicle is driven by anyone not described in this agreement as a person permitted to drive the Vehicle;
• the Vehicle is wilfully or recklessly damaged or lost by the Hirer, a nominated driver, or a person under the Hirer's authority including sitting or standing on the roof, driving on any beach or surface likely to damage the Vehicle, driving through flooded areas, submersing in water, contacting salt water;
• the driver allowed the Vehicle to become bogged requiring it to be recovered;
• the Vehicle was operated outside the terms of this agreement or any agreed extension of this agreement.

TRAFFIC OFFENCES

28. The Hirer is advised that NZ law permits the Operator to debit the Hirer's credit card for any fines or charges for traffic offences committed during the term of the hire. These include speeding and parking offences.

29. The Hirer is advised that should the Operator decide to debit their credit card for an infringement fee, the Hirer has the right to:

• Receive a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the Operator
• Challenge, complain about, query or object to the alleged offence to the issuing enforcement authority
• Seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice) and
• Dispute the matter with the credit card issuer.

CANCELLATION OF HIRE AGREEMENT

30. If the Hirer cancels the hire agreement more than 35 days prior to pick up then the deposit is refunded; 35 days or less prior to pickup then the deposit is retained; less than 8 days prior to pickup then a cancellation fee of 50% of the total hire cost applies; on the day of pickup then no refund will be given.

31. The Operator may cancel the hire agreement and take immediate possession of the Vehicle if:

• The Hirer fails to comply with any of the terms of this agreement or if the Vehicle is damaged.
• The Hirer has obtained the Vehicle through fraud or misrepresentation.
• The Vehicle appears to be abandoned.
• The Vehicle is not returned at or before the expiry of the term of hire or the Operator reasonably believes that the Vehicle will not be returned at or before the expiry of the term of hire.
• The Operator considers, on reasonable grounds that the safety of the passengers or the condition of the Vehicle is or has been endangered.

32. If the Operator cancels the hire agreement then no refund will be given.

33. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the Operator and the rights of the Hirer under this agreement.

34. Terms and conditions as well as rates quoted are subject to change without notice. However, rates or conditions for a particular booking shall not be altered once that booking has been confirmed.

INDEMNITY

35. The Hirer releases the Operator and its employees and agents from any liability to the Hirer (regardless of who is at fault) for any loss or damage incurred by the Hirer by reason of rental, possession or use of the Vehicle.

Note to Hirer
The Operator must give you at least one copy of this agreement. A copy must be kept in the Vehicle throughout the term of the hire and be produced on demand by any law enforcement officer.