terms and conditions
Click here to download a free copy of our car
rental agreement 
.
our terms and conditions are also summarised below
Please note: clause 1-7 details the specifics of your hire refer to above
pickup / drop off details and times, etc. These details can be viewed in the downloadable
pdf.
8. use of the vehicle
8.1 The hirer must not use or allow the vehicle to be used for the transport
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 Land Transport
Act 1998...
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8.2 The hirer must 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
Land Transport Act 1998.
- (d) Operate the vehicle or allow it to be operated
in a race, speed test, rally, or contest;
- (e) Operate the vehicle or allow it to be operated
in breach of the Land Transport Act 1998, 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 full
(non-probationary) driver licence appropriate for the vehicle;
- (h) Operate the vehicle, or allow it to be operated
to tow or propel any other vehicle, except any luggage trailer supplied by the owner.
8.3 The hirer shall ensure that a copy of this agreement is:
- (a) Kept in the vehicle throughout the term of the
hire; and
- (b) Produced without delay for inspection on demand
by an enforcement officer.
9. 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) No person interferes with any part of the engine,
transmission, braking or suspension systems;
- (d) No person smokes inside the vehicle.
10. activation of warning lights, breakdown and mechanical repairs
10.1 If any warning light is activated or if the vehicle requires mechanical
attention the driver must stop driving and contact either The Owner or AA Assist...
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10.2 The hirer shall not arrange or undertake any repairs or salvage without
The Owner’s prior authority except to the extent that repairs or salvage are necessary
to prevent further damage to the vehicle or to other property. Repairs will be approved
and reimbursement, where applicable, will be granted provided the hirer was not
responsible for the damage. In all cases receipts must be submitted for any repair.
10.3 If the vehicle becomes unfit to drive due to a breakdown that was not
the fault of the hirer, The Owner will refund to the hirer the rental charges that
relate to the period during which the car could not be used. The Owner undertakes
to arrange repair or replacement with another vehicle as soon as practicable.
11. accidents
11.1 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 and vehicles involved in the accident;
- (d) If possible, prepare a written statement of the
facts signed by all parties. If agreement can not be reached, obtain a copy of the
Police report...
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11.2 In the event of an accident the hirer shall not:
- (a) Make any admission of liability;
- (b) Arrange or undertake any repairs or salvage without
The Owner’s prior authority except to the extent that repairs or salvage are necessary
to prevent further damage to the vehicle or to other property.
11.3 In the event that an accident renders the vehicle unfit to drive, The
Owner will make no refund for the unused hire period (including CDW payment if applicable)
and the provision of a replacement vehicle shall be at The Owner’s sole discretion.
The Owner shall not be responsible for the cost of transporting the hirer and any
accompanying passengers away from the accident location. In the event that The Owner
decides to offer the hirer an alternative vehicle, the vehicle shall be made available
at the closest branch, not delivered to the accident location. The Owner reserves
the right to provide the replacement vehicle subject to an increased hirer’s liability
and/or to decline to offer CDW cover for the replacement vehicle.
12. insurance
12.1 Subject to the exclusions in clause 12.3 and 12.4, the hirer and any
authorised driver named in this agreement 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...
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12.2 Subject to the exclusions in clause 12.3 and 12.4, the hirer and any
authorised driver named in this agreement 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 other person and arising out of the use of
the vehicle. This indemnity does not apply to any property being transported in
the vehicle at the time of the accident.
12.3 Exclusions
The indemnities 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 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 contravention of clause
8.1 or 8.2 of this agreement;
- (d) The vehicle is driven by any person not named
in clause 3 of this agreement;
- (e) The vehicle including its accessories and spare
parts is wilfully or recklessly damaged by the hirer or any other person named in
clause 3 of the agreement or driving the vehicle under the authority of the hirer,
or is lost as a result of wilful or reckless behaviour of the hirer or any such
person;
- (f) The vehicle is operated off-road or on any beach
including Ninety Mile Beach and Te Paki stream bed;
- (g) The vehicle including its accessories and spare
parts is damaged as a result of submersion in water, including crossing creeks,
rivers or flooded fords.
- (h) The vehicle is operated outside the term of the
hire;
- (i) The vehicle including its accessories and spare
parts is damaged as a result of incorrect fitting or use of snow chains or ski/snowboard
racks or bicycle racks;
- (j) The vehicle including its accessories and spare
parts is damaged by any item carried inside or outside the vehicle, such as a surfboard
or bicycle;
12.4 The indemnities in clauses 12.1 and 12.2 shall not apply to the amount
of the hirer’s liability for damage specified in clause 7.
13. hirer’s liability for damage
13.1 In the event that the hirer elects not to purchase CDW, the hirer is
absolutely liable for any damage up to the amount specified in clause 7 irrespective
of fault...
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In this context damage includes:
- (a) Any and all damage to the vehicle including windscreens,
tyres, break-in or vandalism, theft, fire, towing and recovery costs.
- (b) Damage to third party property;
- (c) Loss of use of the vehicle by The Owner during
the period the vehicle is off fleet for repair. This period is charged at the daily
rental rate for the vehicle shown in clause 4.
13.2 The hirer’s liability for damage applies in respect of each separate
accident or incident, not each rental.
14. collision damage waiver
14.1 Collision Damage Waiver (CDW) reduces the hirer’s liability for damage
under clause 13 to the agreed excess subject to the following conditions and exclusions...
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CDW does not cover damage or loss associated with:
- (a) Any of the circumstances detailed in clause 12.3;
- (b) Cost of recovering a car that has become bogged
or immovable;
- (c) Cost of replacement of lost or stolen car keys;
- (d) Cost associated with the incorrect use of or contamination
of fuel (diesel or petrol);
- (e) Cost of repair or replacement of other products
detailed in clause 5;
- (f) Costs arising under clause 15.
14.2 In the event that the vehicle is replaced under clause 11.3, CDW is
not transferable to the replacement vehicle.
15. hirer’s liability for cleaning charges
15.1 If the vehicle is returned in an excessively dirty condition that requires
extraordinary cleaning or de-odorising, the hirer is absolutely liable for the full
cost of this cleaning or repair and any consequent loss of use of the vehicle...
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Such charges include but are not limited to cleaning of:
- (a) Spillage of fluids such as drinks, milk, oil,
paint, etc.;
- (b) Perishable food;
- (c) Removal of hair, stains and odours due to animals
in the vehicle;
- (d) Fish and associated smells;
- (e) Vomit;
- (f) Cigarette/cigar smoke smells.
16. petrol and other fuel
16.1 The hirer is responsible for the cost of fuel used during the hire...
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16.2 If the hirer elects to take the fuel purchase option at the start of
the hire, no refund is made for remaining fuel on return of the vehicle.
16.3 If the fuel purchase option has not been taken at the start of the hire,
then the vehicle should be returned with a full tank. In the event that the vehicle
is returned with less than a full tank a $25 refuelling surcharge applies. The hirer
is absolutely liable for the cost to refuel the vehicle and the refuelling surcharge.
17. return of the vehicle and termination of the hire
17.1 The hirer shall, at or before the expiry of the term of hire, return
the vehicle (including car keys) to the location specified in clause 4 of the agreement,
or obtain The Owner’s consent to the continuation of the hire. Changes to the return
date and time and/or return branch are subject to vehicle availability and may not
always be possible...
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17.2 If the vehicle is returned to a different location than that specified
in clause 4 without The Owner’s prior consent an additional fee of up to $800 may
be charged at The Owner’s sole discretion.
17.3 The Owner shall have the right to terminate the agreement and repossess
the vehicle (and for that purpose enter any premises and remove the vehicle) at
any time, without notification to the hirer, and the hirer will pay reasonable costs
of repossessing the vehicle, including towing charges, in any of the following circumstances:
- (a) The hirer is in breach of any material term of
this agreement;
- (b) The hirer has obtained the vehicle through fraud
or misrepresentation;
- (c) The payment for the rental is in arrears;
- (d) The vehicle appears to be abandoned;
- (e) The vehicle is not returned on the agreed return
date;
- (f) The vehicle is damaged;
- (g) The Owner considers, on reasonable grounds, that
the vehicle is endangered.
In the event of such termination or repossession the hirer has no right to a refund
of any part of the rental charges. The termination of the hire under this clause
shall be without prejudice to the other rights of The Owner under this agreement
or otherwise.
18. calculation of charges
18.1 The Owner calculates rental days as the number of consecutive 24-hour
periods starting at the earlier of the time the rental was booked to start or the
actual start time and finishing at the later of time the rental was booked to finish
or the actual finish time. An extra day is charged after allowing a grace period
of 1 hour and 59 minutes. Notwithstanding this, clause 4 applies in the case of
unauthorised late return...
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18.2 Extensions authorised by The Owner are charged at the same daily rate
as the original rental.
18.3 All transactions under this agreement are conducted in New Zealand dollars.
Due to exchange rate fluctuations and bank charges there may be variance between
amounts charged and amounts refunded to the hirer’s credit card. The Owner accepts
no liability for any such variations.
18.4 The Hirer will be responsible for the entire cost of the hire should
the Hirer’s agent’s voucher they present not be paid within 60 days by the Hirer’s
agent. The total payment will be charged to the Hirer’s credit card given to The
Owner as a security bond. The Hirer agrees their only recourse is through the Hirer’s
agent in the event of such an occurrence.
19. release and indemnity of the owner
19.1 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...
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19.2 The hirer hereby indemnifies and shall keep indemnified The Owner and
its employees and agents against any claims, demands and expenses (including legal
costs) incurred or sustained by the hirer by reason of the hirer’s use and/or possession
of the vehicle.
19.3 Any indemnity required of the hirer shall not operate to indemnify The
Owner in respect any negligent act by The Owner.
20. personal injury, personal property and storage of property
20.1 Physical injuries as a result of an accident while in New Zealand are
covered in most cases under the IPRC Act 2001...
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20.2 The Owner strongly recommends that all people travelling in New Zealand
take out Personal Travel Insurance. The Owner does not accept any liability for:
- (a) Personal injuries sustained during the rental;
- (b) Damage or loss of the hirer’s personal property;
- (c) Property belonging to any other person which is
carried in the vehicle.
20.3 In the event that the hirer or any other person leaves any property
with The Owner for any reason this is entirely at that person’s own risk and The
Owner will not accept any liability for damage or loss for any reason whatsoever.
21. claims against third parties
21.1 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...
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21.2 In the event that the hirer believes that their credit card issuer will
cover the hirer’s liability or any other amount due under the terms of this agreement,
the hirer will pay the sum directly to The Owner and The Owner will provide an invoice
for the sum paid. The Owner will not provide repair quotes, police reports, photographs
or any other information to the hirer or credit card issuer.