Rental Terms and Conditions


An agreement made between the owner and the hirer whose particulars are entered overleaf. It is hereby agreed as follows:


VEHICLE DESCRIPTION

1. The owner will let and the hirer will take on hire the motor vehicle described overleaf, herein referred to as “the vehicle”.


DURATION OF HIRE

2. The term of hire shall be as set out in this agreement.


PERSONS WHO MAY DRIVE VEHICLE

3. The vehicle may be driven during the period of hire only by the hirer and persons named in this agreement and only if they hold a current driver's licence 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 hire charge at the rate referred to overleaf.

 

5.In addition to the payment referred to in clause 4 of this agreement the hirer shall pay to the owner the insurance charge at the rate referred to in overleaf, 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, unless the hire Free km is unlimited.

 

7.The hirer shall pay for all petrol or other fuels (but not oil) used in the vehicle during the period of hire. The hirer shall also pay for the repair of punctures, tyre damage and for window damage.

(a) The hirer acknowledges and authorises any charges, including speeding and parking fines, vehicle damage, any loss suffered by the owner through seizure of the vehicle pursuant to the current Transport Act, and debt collection fees, to be charged to the credit card or other bond type that is held by the owner. If no bond is held, the hirer is still obliged to cover these costs.


HIRER'S OBLIGATIONS

8. The hirer is subject to obligations listed in the “Essential Terms” and 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;
(d) The correct type and grade of fuel is put into the vehicle;
(e) The vehicle is returned in a clean and tidy condition.
9. The hirer shall ensure that all reasonable care is taken in handling 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 or 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.
11. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are 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.


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 or her ability to drive the vehicle;
(b) The interior of the vehicle is damaged or soiled by cigarette burns, cuts, spillage or foreign materials;
(c) The vehicle is damaged by the use of tyre chains;
(d) 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 such condition of the vehicle;
(e) The vehicle is operated in any race, speed test, rally or contest;
(f) The hirer is not a body corporate or Department of State and the vehicle is driven by any person other than the hirer or any other person named under clause 3 of this agreement;
(g) 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 the vehicle;
(h) The vehicle is wilfully or recklessly damaged by that hirer or any other person named under clause 3 of this form, 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;
(i) The vehicle is operated on any of the following roads: Ball Hut (Mt. Cook); Skippers Canyon (Queenstown); 90 Mile Beach, Coast Rd to Russell (Northland); Lake Waikaremoana Rd SH93 (Central NI);
(j) 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 eleven (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. The hirer acknowledges by signing the front of this form that the hirer is aware of the above exclusions.


HIRER’S LIABILITY

The hirer acknowledges that he or she be liable for damages or loss to the extent indicated under the heading “Hirer’s Liability” on the front of this contract.
This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle.


REJECTION OF INSURANCE

12. The hirer accepts by his signature hereto that the vehicle is hired to him at his own risk in respect of loss or damage to the vehicle and consequential loss by the owner. 
The hirer accepts that he may be liable to the owner for any loss or damage to the vehicle and consequential loss.
The hirer accepts that he has no insurance cover under this agreement in respect of any damage, injury or loss caused to any person or property.

 

   ………………………………………………………………………………………………………
   HIRER’S SIGNATURE
   (You should not sign unless you are sure you understand its effect.)

   Insurance company……………………………………………………………………… Policy No. …………………………………………


OWNER'S OBLIGATIONS

13. The owner shall supply the vehicle in a safe and roadworthy condition.
14. 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

15. If the vehicle is damaged or requires repair or salvage, whether because of any accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone or facsimile as soon as practicable.
16. 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.
17. 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 uspension systems of the vehicle.
18.
(a) In the event of an accident the owner has, within 48 hours, sole discretion to either provide a replacement vehicle or refund the hire remaining from the end of the 48 hour period (less any insurance excess paid). There may be an additional charge for supply of a replacement vehicle.
(b) In the event of mechanical failure, the owner has sole discretion to either provide a replacement vehicle or refund the remaining hire.


USE OF THE VEHICLE

19. 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.
20. The hirer shall not:
(a) Sublet or hire the vehicle to any other person;
(b) Permit 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);
(c) 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 to propel or tow any other vehicle;
(f) 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 relating to road traffic;
(g) Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle;
(h) Drive or permit the vehicle to be driven by any person if at the time of his or her driving the vehicle, the hirer or other person is not the holder of a current driver's licence appropriate for the vehicle.


RETURN OF THE VEHICLE

21. The hirer shall, at or before the expiry of term of hire deliver the vehicle to the depot stated on the reverse side hereof or obtain the owner’s consent to the continuation of hire.


IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE

22. The owner shall have the right to terminate the hiring 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 termination of the hiring 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.


DEFAULT CLAUSE

The hirer undertakes to pay any monies owing in full on demand. In default of such prompt payment the hirer undertakes to pay late payment fees of 2.5% per month on any amount outstanding and to indemnify the owner and pay all costs and expenses on a solicitor and own client basis if legal action is necessary and or any collection agency fees which the owner may incur in recovering any overdue or outstanding amounts of monies.
 

NOTE TO HIRER: A COPY OF THIS AGREEMENT MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND BY ANY POLICE OFFICER OR OTHER AUTHORISED EMPLOYEE OF LAND TRANSPORT NZ.