Terms and Conditions
An agreement made between the owner and the hirer whose particulars are entered in this agreement. It is hereby agreed as follows:
VEHICLE OF HIRE:
1.The owner will let and the hirer will take on hire the motor vehicle described in this agreement.
DURATION OF HIRE:
2.The term of hire shall be for the period as described in this agreement.
PERSONS WHO MAY DRIVE VEHICLE:
3.The vehicle may be driven during the period of hire only by the persons described in this agreement and only if each such person holds a current driver′s licence (particulars of which are given alongside his/her name and address) appropriate for the vehicle at the time when they are driving the vehicle.
PAYMENTS BY HIRER:
4.The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire referred to in clause 2 of this agreement the sum as specified in this agreement.
5.In addition to the payment referred to in clause 4 of this agreement, the hirer shall pay to the owner the sum specified in this agreement for the insurance cover set out in clause 10 of this agreement.
6.In addition to the payment specified in clause 4 of this agreement the hirer shall pay to the owner on termination of the hiring a distance charge at the rate referred to in this agreement.
7.The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
HIRER′S OBLIGATIONS:
8.The hirer shall ensure that:
(a)The water in the radiator and battery of the vehicle is maintained at the proper level;
(b)The oil in the vehicle is maintained at the proper level;
(c)The tyres are maintained at their proper pressure.
9.The hirer shall ensure that all reasonable care is taken in handing and parking the vehicle and that it is left securely locked when not in use.
INSURANCE:
10.Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he/she might have to the owner in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts.
Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of (...) in respect of any liability he/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 when:
(a)The driver of the vehicle is under the influence of alcohol or any drug that affects his/her ability to drive the vehicle;
(b)The vehicle is in an unsafe or unroadworthy condition that arose during the course of the hire and 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 condition of the vehicle;
(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 any person not named in clause 3 of the agreement;
(e)The vehicle is driven by any person who at the time when he/she drives the vehicle is disqualified from holding or has never held a driver′s licence appropriate for the vehicle;
(f)The vehicle is wilfully or recklessly damaged by that hirer or any other person named in clause 3of 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 the hirer or any such person;
(g)The vehicle is operated outside the term of the hire or any agreed extension of that term.
It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.
REJECTION OF INSURANCE:
11.The hirer accepts that the vehicle is hired to him/her at his/her risk in respect of loss of or damaged to the vehicle and consequential loss by the owner. The hirer accepts that he/she may be liable to the owner for any loss of or damage to the vehicle and consequential loss.
OWNER′S OBLIGATIONS:
12.The owner shall supply the vehicle in a safe and roadworthy condition.
13.The owner 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.
NOTE: By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.
MECHANICAL REPAIRS AND ACCIDENTS:
14.If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone as soon as practicable.
15.The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
16.The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
USE OF THE VEHICLE:
17.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 licenced under Part 1 of the Transport Services Licensing Act 1989.
18.The hirer shall not:
(a)Sublet or hire the vehicle to any other person;
(b)Permit the vehicle to be operated outside his/her authority;
(c)Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug);
(d)Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest;
(e)Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976, or any other Act, regulations, or bylaws to road traffic;
(f)Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more then the weight of goods specified in the certificate of loading for the vehicle;
(g)Driver or permit the vehicle to be driven by any person if at the time of driving the vehicle, the hirer or other person is not the holder of a current driver′s licence appropriate for the vehicle.
(h)Drive the vehicle on any beach, driveway or other surface likely to cause damage to the vehicle.
RETURN OF VEHICLE:
19.The hirer shall, at or before the expiry of term of hire, deliver the vehicle to the owner′s place of business or the owner′s agent at the agent′s place of business, or obtain the owner′s consent to the continuation of hire.
BASE TO BASE RENTALS:
20.All of our Rates are based on pick up from & return to our depot in Auckland. One way hires are available subject to vehicle availability - however you must check rates & availability using our booking enquiry form.
DRIVER′S LICENCES:
21.All drivers must hold a full driver's licence and be over the age of 20. A current overseas, New Zealand or International licence is required from all drivers. Overseas licences not in English must have a translation document. At NZDCR's discretion a holder of a licence for less than two years may be acceptable but will attract a higher insurance excess.
TERM OF RENTAL:
22.Minimum rental is 4 days. Late returns are charged at 1/2 of the daily rate up to four hours and a full day thereafter. Payment is made at the commencement of hire by either cash, credit card or NZ travelers cheques. A bond is always required which will be way of a separate Credit Card imprint or a cash deposit. Early returns and cancellations may incur an extra days rental as penalty.
INSURANCE & EXTRA DRIVERS:
23.All vehicles are comprehensively insured, however an excess applies in the event of a claim. Payment of an accident damage waiver (ADW) reduces insurance excess to just NZ$300+GST.
Extra drivers incur an additional charge of $2/day per driver.
TAXES:
24.NZ Goods and Services Tax (GST) is included in all rental rates.
CHILD BOOSTER SEATS, BABY SEATS & ROOF RACKS:
25.These can be hired form our Rental Base. In the case of children under 5 years the use of an approved child seat is now compulsory under NZ law. To ensure availability please request when booking.
RENTAL PICK UP ADN DROP OFF CHARGE:
26.For rental pick up and drop off from airport, there is surcharge of $25 per service during business hours. Any airport pick up and drop off deal after business hours, please contact us for details.
CANCELLATION POLICY:
27.To guarantee the correct vehicle is ready for you, it is best to make a "secured booking" which will involve you providing your credit card details (not used until your arrival).
28.In the event of a secured booking not proceeding we reserve the right to take a 3 day rental penalty from your card.
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