TERMS & CONDITIONS OF HIRE for:

1. Driver’s Requirements

The vehicle may be driven during the period of the hire only by the persons named in the Agreement.  The principal driver and any additional driver’s details must be listed and they must hold a valid driver’s licence appropriate for that class of vehicle.

The hirer must ensure that a copy of the Agreement is kept in the vehicle throughout the term of hire and produced without delay for inspection on demand by an enforcement officer.

2. Duration of Hire

The term of hire shall be for the period as described overleaf and herein.  When a vehicle is left at any other place than the branch location then termination shall be when the vehicle inspection shall occur at the time of the collection.  The hirer will be responsible for the vehicle up until this time of termination, inspection and collection.

Should the hirer wish to terminate the hire before the stated date and time, there is NO OBLIGATION by the vehicle owner to provide a refund for the balance of the hire period.  A refund may be provided in the event of extenuating circumstances or on compassionate grounds.  Any refund or amendment to the hire is at the sole discretion of the owner.

3. Payment by Hirer

A deposit/bond is required at time of booking to secure your vehicle reservation.  The deposit/bond payment can be made by credit card, eftpos or cash only.  DINERS, AMEX CARDS & CHEQUES NOT ACCEPTED.  Upon the termination of the Agreement the owner shall be entitled to apply any sum/credit card number supplied for security, in payment of all amounts owed by the hirer under the Agreement and any monetary balance remaining shall be refunded to the hirer.  The hirer shall pay to the owner amounts indicated in the Agreement for the hire of the vehicle, insurance coverage fees, and any such additional charges as indicated in the Agreement.

3A. Cancellations

1) A booking that includes a one way vehicle relocation charge will incur a non-refundable fee if cancelled.

2) A cancellation of a booking seven (7) days prior to the hire commencing – FULL REFUND

3) A cancellation of a booking under seven (7) days refund at owners discretion.  

4) All monies owing on cancellations will be charged to the credit card supplied.

4. Use of the Vehicle

The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward, unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under Part 4A of the Transport Act 1962 or exempted for licensing under that Act.

The hirer shall not:

a) Sublet or hire the vehicle to any other person

b) Allow the vehicle to be operated outside his or her authority

c) Operate the vehicle, or allow it to be operated, in circumstances that constitute an offence against Section 56, 57 or 58 of the Act

d) Operate the vehicle or allow it to be in a race, speed test, rally or contest

e) Operate the vehicle or allow it to be operated in breach of the Act, the Transport Act 1962, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic.

f) Operate the vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the vehicle

g) Drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current driver licence appropriate for the vehicle.

5. The Hirer’s Obligations

The hirer shall ensure that:

a) All reasonable care is taken when driving and parking the vehicle.

b) The vehicle is locked and secure at all times when it is not in use.

c) When terminating your hire, the vehicle must be left at a facility nominated by the owner.

d) The hirer shall also be liable for any parking or traffic infringement and will supply relevant details as required by the police and/or the owner relating to any such parking or traffic infringement and offences, impoundment, towage & storage.

e) No person interferes with the distance recorder or speedometer, any part of the engine and transmission, braking or suspension system.

f) The vehicle’s radiator and battery water are maintained at proper levels.

g) The oil is checked and maintained at the proper level.

h) The tyres are maintained at the proper pressure.

i) No person smokes inside the vehicle.

j) No animals to be carried in any vehicle.

Hirer’s Liability

6. The hirer’s liability will be for any loss or damage to the vehicle, however caused, including any damage to window glass , punctures, tyres and rims and for any consequential loss or damage, during the term of this hire, or during any extension of the term.

7. Activation of Warning Lights, Breakdown and Mechanical Repairs

If any warning device is activated or if the vehicle requires mechanical attention the driver must stop driving and contact the owner at the first instance. The hirer could be held liable for any mechanical damage/repair if any warning device activation is not noted, this would be at the owners discretion. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner. 

The owner shall be permitted to have 48 hours in which to repair or replace the vehicle in the event of a mechanical breakdown.

8. Accidents

In the event of an accident the hirer shall:

a) Notify the owner of the full circumstances as soon as practical.

b) Notify the NZ Police if the accident involves injury.

c) Record full details of all parties, witnesses to, vehicles involved in the accident.

d) In the event of a single vehicle and at fault vehicle accident the cost of towing and/or salvage of the vehicle is at the hirer’s expense.

e) If possible prepare a written statement of the facts signed by all parties.  If agreement cannot be reached, obtain a copy of the police report.

In the event of an accident there is No Obligation to either supply another vehicle or provide a refund for the balance of the hire term. Providing a replacement vehicle is entirely at the branches discretion, but if the accident is not the hirers or nominated drivers fault, then we may provide a replacement (subject to bookings), again this is at our discretion.

9. Insurance

The hirer shall pay to the owner the amount of the insurance excess which applies for the vehicle (as shown on the front of this agreement) for each and every accident/incident that occurs during the hire period. Such payment shall be immediately due once the hirer advises the owner of any damage.

The hirer acknowledges and approves that any charges referred to shall be debited to the credit card provided for all payments relating to this agreement. Should the nominated credit card be declined then the hirer shall immediately provide an alternative credit card or method of payment.

Subject to the exclusions set out below the hirer and any driver authorised to drive the vehicle is indemnified in respect of the liability he or she might have to the owner for any loss or damage to the vehicle and also to the extent of $10,000,000.00 in respect of liability he or she might have for damage to any property (including injury to any animal) belonging to any other person and arising out of the use of the vehicle.

Exclusions

The indemnities referred to above shall not apply where the damage, injury or loss arises where:

a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle

b) The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire, that caused or contributed to the damage or loss and the hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy vehicle condition

c) The vehicle is operated in any race, speed test, rally or contest

d) The hirer is not a body corporate or department of state and the vehicle is driven by a person not named in clause 1 of the agreement

e) The vehicle is driven by any person who at the time when he or she drives the vehicle is disqualified from holding or has never held a driver's licence appropriate for that vehicle

f) The vehicle is wilfully or recklessly damaged by the hirer or any person named in clause 1 of the agreement or driving the vehicle under the authority of the hirer or is lost as a result of the wilful or reckless behaviour of any such person

g) The cost of recovering a vehicle that has become bogged, immersed or immovable

h) Any damage caused to the vehicle through the use of tyre chains.

i) The cost of replacement of lost or stolen car keys

j) The cost associated with the incorrect use of or contamination of fuel (diesel or petrol)

k) The vehicle is operated on any of the following roads or areas Skippers Road (Queenstown) Ball Hutt (Mt Cook) Ninety Mile Beach (Northland) or any other beach and any unsealed private road

l) The vehicle is operated outside the term of the hire or any agreed extension of that term.

m)The hirer is liable in respect of the damage or loss referred to in the insurance cover. When the vehicle is involved in a single car accident or is driven in a reckless and/or careless and/or dangerous manner the hirer is liable for the first $1500.00+gst, of damage or loss.

n)In any incident that breaches the owner's insurance cover the hirer agrees they are liable for all costs incurred.

The hirer acknowledges that he/she is aware of the above exclusions, by the signature on the front of this Agreement.

a)      The hirer agrees that where this Agreement is entered into for the purposes of a  business then the Consumers Guarantees Act 1993 shall not apply to the vehicle hireage arrangement and subject to the expressly stated provisions of this Agreement the owner shall not be liable for any consequential loss or any other indirect loss arising from the hire of the vehicle.

b)         Subject to subparagraph (a) hereof, nothing in this Agreement limits or restricts any  other statutory right or remedy available to the hirer under the Consumer Guarantees Act 1993.

10. Petrol & Other Fuel

The hirer is responsible for the cost of fuel used during the hire.  At commencement of hire the tank is full and must be returned with a full tank.

11. GPS Units

The hirer is responsible for all costs in the event of lost, stolen or damaged GPS navigation units and/or any of its components.

The hirer agrees to release the owner from liability in relation to GPS unit failures.

Reliability of the directions is subject to the GPS unit software.

12. Return of the Vehicle and Termination of Hire

a)A relocation fee will be applicable to any vehicle being left at any other agent or business address or any other place other than the address from which the vehicle was hired and all charges to reposition the vehicle to its original business address shall be chargeable, and/or any hire shorter than the specified return date may have its daily rate adjusted accordingly to the length of hire.  This will be done at the discretion of the owner/operator.

b)The hirer shall return the vehicle in the same clean and tidy condition at the expiry of the term of hire or a surcharge for cleaning may be imposed upon the hirer for such cleaning.  No refund can be made until a vehicle has been cleaned and inspected. c)When a vehicle is left at any other place than the branch location then the termination shall be when the vehicle inspection shall occur at the time of collection.  The hirer will be responsible for the vehicle up until this time of termination, inspection and collection.

d)The owner shall have the right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms within this Agreement, or if the vehicle is damaged.  The termination of the hire under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this Agreement or otherwise.

13. Release and Indemnity of the Owner

The hirer releases The Owner and its employees and agents from any liability to the hirer, for any loss or damage incurred by the hirer by reason of rental, possession or use of the vehicle.

14. Claims Against Third Parties

The owner is not responsible for pursuing any claims the hirer may have against third parties for any damage or loss including the hirer’s liability paid to the owner.  The owner will provide an invoice for any amount paid to the owner by the hirer.  The owner will not provide repair quotes, police reports, photographs or any other information to the hirer or any other party.