Rental Terms and Conditions
An agreement made between the owner and the hirer whose particulars are entered overleaf. It is hereby agreed as follows:
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.|
|8. The hirer is subject to obligations listed in the “Essential Terms” and shall ensure that:|
|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.|
|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.|
|The indemnities referred to above shall not apply where the damage, injury or loss arises when:|
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
Insurance company……………………………………………………………………… Policy No. …………………………………………
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.|
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:
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.|
|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.