DURATION OF HIRE AND RETURN OF VEHICLE
1. The term of hire shall commence at the date and time specified and shall cease at date and time specified.
2. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the agreed rental location described in the Rental Documents or obtain the owner’s consent to the continuation of the hire(in which case hirer shall pay additional hire charges for the extended term of hire).If the hirer does not comply with this clause, and does not immediately return the vehicle, the owner may report the vehicle as stolen to the Police and the hirer must compensate the owner for either the full cost of the vehicle, or all additional cost and losses incurred up to the time that vehicle is recovered by the owner.
VEHICLE DESCRIPTION
4. The Owner will let and the Hirer will take on the hire the following motor vehicle, that is to say
5. Make & Model __________________________________________
Registered No ___________________(Here after referred to as the vehicle).
PERSON WHO MAY DRIVE THE VEHICLE
6. In addition to the hirer the vehicle may be driven during the period of hire only by the persons named in this clause, and only if they hold a current driver’s license appropriate for the vehicle at the time they are driving the vehicle.
PAYMENTS BY THE HIRER
7. The hirer shall pay the owner for the hire of the vehicle the sum or sums specified in the Rental Documents; and authorizes the owner to charge all amounts payable to the hirer’s account. The hirer’s account means a nominated debit card, credit card, or pre-arranged charge account.
8. In addition to the payment specified in clause 5 above, the hirer acknowledge that they shall be liable at the end of the hire term to pay to the owner any applicable additional charges payable at the term. These includes , but not limited to :
a) a fee to cover additional drivers;
b) a surcharges for the drivers under the age of 25;
c) additional charges for the distance driven( as specified in the Rental Document for every kilometer run);
d) charges for petrol or other fuel use(not oil);
e) road user charges;
f) charges for the late return of the vehicle;
g) charges for the cleaning the vehicle’s interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This include, but is not limited to spillage of fluids, food, vomit, other stains and unpleasant odor’s including cigarette smoke;
h) charges for damage to or repair of the vehicle and any enforcement charges relating to damage or repairs(including legal cost);
i) any surcharges in connection with the use of a debit or credit card by the hirer;
j) Traffic and /or parking offence infringements fee.
9. The Owner will charge the amounts set out in clauses 5 and 6 above the hirer’s account during or after the term of the hire is completed, or hirer may pay such charges as agreed with the owner, in such case owner’s sole discretion to choose required charges.
10. If the Hirer fails to pay any money due under or in connection with the this Rental Agreement within 14 days of the date by which the hirer was required to pay the money , the owner may , without prejudice to any other rights or remedies the owner may have or be entitled to charge the hirer and the hirer must pay all additional cost as mention below:
I. Interest at 11%(compound daily) on the total owing from the expiry of 14 days from the date on which the hirer was required to pay the money to the date of the payment;
II. all cost incurred by the owner for the collection of the unpaid money by a debt collection agency or other legal agency;
III. an administration fee of $150(NZD)
USE OF THE VEHICLE
9. The Hirer shall not permit the vehicle to be used for the transport of passengers for the hire or reward unless the vehicle is hired with the knowledge of the Owner for use in passenger service license under part 4A of the land Transport Act 1998.
10. The Hirer shall not:
a) Sublet or hire the vehicle to any other person;
b) Permit the vehicle to be operated without his or her authority;
c) Operate the vehicle , or permit it to be operated, in circumstances that constitute and offence against section 56,57,or 58 of the Land Transport Act 1998(which relates to driving or attempting to drive excess breath or blood alcohol, or operating the vehicle whilst under the influence of any drink or drugs);
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 to tow or propel any other vehicle;
f) Operate the vehicle or permit it to be operated in breach of the Land Transport Act 1998, the land Transport(Road safety and other Matters) Amendment Act2011, Land Transport(Road Users)Rule 2004, or and other Act, Regulations, Rules, or by laws 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 gross vehicle mass 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 driving, the driver is not the holder of a current driver’s license appropriate for the vehicle;
i) Smoke, or allow passengers to smoke in the vehicle.
OWNER OBLIGATIONS
11. The Owner shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.
12. The Owner does not accept any liability for:
a) Damage or loss of the Hirer’s personal property;
b) Property belonging to any person which is carried in or on the vehicle;
c) In the event that the Hirer believes that their credit card issuer will covers 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 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.
HIRER’S OBLIGATIONS
13. The Hirer shall ensure that:
a) all reasonable care is taken when driving and parking the vehicle;
b) the water in the vehicle’s radiator and battery is maintained at the proper level;
c) the oil in the vehicle is maintained at the proper level;
d) only the fuel type specified for the vehicle will be used;
e) the tires are maintained at their proper pressure;
f) the vehicle is locked and secure at all the times when it is not use and keys kept under the Hirer’s personal control at all the times and agrees to pay to the Owner the cost of replacement car keys if lost or stolen;
g) no part of the engine, transmission, braking or suspension system are interfered with;
h) should a warning light be illuminated or the Hirer believes the vehicle requires mechanical attention, the Hirer will stop driving and advise the Owner immediately;
i) all drivers authorized to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement.
MECHANICAL REPAIRS AND ACCIDENTS
14. If the vehicle is damaged or requires repair or salvage, whether because of an accident, breakdown, or any other cause, the Hirer shall advise the Owner of the full circumstances by telephone as soon as possible.
15. The Hirer shall not undertake any repairs or salvage without the authority of the Owner, except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or other property.
16. The Hirer shall ensure that no person shall interfere with distance recorder, speedometer or( except in an emergency) any part of the engine, transmission, braking or suspension of the vehicle.
17. If the Hirer is involved in an accident the Owner shall not be responsible for the cost of transporting the Hirer and any accompanying passengers away from the location.
18. If the vehicle requires repair or replacement, the decision to supply another vehicle to the Hirer is at the Owner’s sole discretion.
19. In the event that Owner decides to offer the Hirer an alternative vehicle, the Owner reserve the right to make the vehicle at the closest depot, not delivered to the accident location.
20. Punctures, glass and headlights are at the Hirer expense.
RETURN OF VEHICLE
21. The Hirer shall at or before the expiry of the term of hire, deliver the vehicle to the location specified in clause 2 of this agreement, or obtain the consent of the Owner to the continuation of the hire (in which Hirer shall pay additional hire charges for the extended term of the hire).If the Hirer does not comply with this clause, the Hirer shall be liable for late return charges as set out in the Rental Document.
IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE
22. 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 of agreement, or if the vehicle is damaged. The termination of the hire under this clause shall be without prejudice to other rights of the Owner and the rights of the Hirer under this agreement or otherwise.
INSURANCE CONDITIONS
23. Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect of loss or damage to the vehicle and its accessories and spare parts any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with recovery of the vehicle and its accessories and spare parts. Subjects to the exclusions set out below, the Hirer and any driver authorized to drive the vehicle are indemnified to the extent of $20,000,000 in respect of any liability he might have for damage to any property(including injury to any animal) belonging to any other persons and arising out of the use of the vehicle.
INSURANCE EXCLUSIONS
24. 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 effects his or her ability to drive the vehicle;
b) The vehicle is in an unsafe or non- roadworthy condition, which arise during the hire, of which Hirer or driver is aware, or should be aware of, and which causes or contributes to further damage or loss;
c) The vehicle is operated in any race, speed test, rally or contest;
d) The vehicle is driven by any persons not named in clauses 4 of this agreement;
e) The vehicle is driven by any persons who, at the time when he or she drives the vehicle, is disqualified from holding, or has never held a driver license appropriate for the vehicle;
f) The vehicle is willfully or recklessly damaged by the Hirer, any person named in clause 4 of this agreement or any other person driving the vehicle under the authority of the Hirer;
g) The vehicle is lost or stolen as a result of willful or reckless behavior of the Hirer or any such person;
h) The vehicle is operated outside the term of the hire, or any agreed extension of the term;
i) The vehicle is operated outside in breach of clause 18 of this agreement;
j) In the event the driver is charged with an infringement/offence as a result of an accident, the Hirer’s liability is increased to the replacement cost of the vehicle, or a minimum of $10000;
k) The vehicle is operated on any beach or off road including GO RIDEty Mile Beach, Coast Rd to Russell(Northland), Lake Waikaremoana Rd SH 38(Central North Island), Te Paki stream Bed, Skippers Canyon, Macetown, beyond Glenorchy, Raspberry Creek and Ball Pass;
l) Any damage is caused during the fitting or use of snow chains & roof racks while the vehicle is on hire;
m) In the event of a single vehicle accident the cost of towing and/or salvage of the vehicle will be at the Hirer’s expenses;
n) The vehicle including its accessories is damaged by an item transported inside or outside the vehicle such as skis, snows/surf boards or bicycles;
o) The vehicle is operated outside the term of hire;
p) The vehicle is operated in breach of any of the terms and conditions of the contracts
q) It is agreed between the owner and the Hirer that section 11 of the Insurance Law Reform Act 1977 shall apply to the above as if this clause constituted a contract of Insurance
HIRER USES THEIR OWN INSURANCE
25. If the Hirer elects to use their own insurance, then the Hirer accepts all liability for:
i. Any loss of, or damage to the vehicle and its accessories;
ii. Any consequential damage, loss or cost incurred by the Owner, including salvage costs, loss ability to re-hire and loss of revenue;
iii. Any loss of, or damage to, vehicle and property of third parties arising during the term of the hire.
ADDITIONAL CHARGES
26. Additional charged as follows:
a. Traffic and parking fines: Administration Charges NZD $40.00
b. Toll Gate Fees : Administration Charges NZD $40.00
c. Non-Payment Charges : $40.00 contact fee(phone or email contact),interest fees at current bank lending rates and debt recovery fees as charged by any nominated agency will be charged to the Hirer in the event of non- payment.
PRIVACY ACT
27. The information requested from the Hirer is to enable the owner to assess the Hirer’s request to hire the vehicle. The Hirer does not have to supply this information, but if the Hirer does not, then owner is unable to hire the vehicle. The Hirer acknowledge that the owner will collect, hold and use the Hirer’s personal information for purpose related to the hire of the vehicle and the provision of related customer service, including direct marketing and assessing customer satisfaction with products and services provided by the owner. The Hirer further acknowledge that such personal information may be disclosed to debt collection agencies in the event that the Hirer defaults in the payment of any charges/monies owing to the owner, or other parties involved in an accident with the vehicle while on hire to the Hirer; or any organizations responsible for the processing or handling of traffic related infringements; and the Hirer hereby authorizes the disclosure of their personal information for such purposes.
NOTE TO HIRER
The Owner must give you at least one copy of this agreement. A copy must be kept in the vehicle throughout the term of the hire and produced on demand by any police officer, or other authorized employee of the Police.