TERMS AND CONDITIONS (THE LEGAL STUFF)
Here we outline the basic rental terms and conditions that apply to any hires. If you have any questions please give us a call.
Agreement to Hire Rental Vehicles:
An agreement made between the owner and the hirer whose particulars are entered in the agreement.
It is hereby agreed as follows:
1. The owner will let and the hirer will take on hire the motor vehicle described in the agreement.
DURATION OF HIRE
2. The term of hire shall be for the period as described in the agreement.
PERSONS WHO MAY DRIVE VEHICLE
3. The vehicle may be driven during the period of hire only by the persons described in the agreement and only if each such persons 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 the 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 the agreement for the insurance cover set out in clause 10 of the agreement.
6. In addition to the payment specified in clause 4 of the agreement the hirer shall pay to the owner on termination of the hiring a distance charge at the rate referred to in this agreement.
The total distance that the hirer may run the vehicle during the period of the hire shall not exceed 10,000 kilometres.
7. The hirer shall pay for all petrol or other fuel used in the vehicle during the period of hire.
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) Tyres are maintained at their proper pressure. Punctures and tyre damage are the liability of the hirer.
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 authorized to drive the vehicle is fully indemnified in respect of any liability he 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 other excluding 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 authorized to drive the vehicle are indemnified to the extent of $2,000,000 in respect of any liability he 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.
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 ability to drive the vehicle.
b) The vehicle is in an unsafe or un-roadworthy 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 un-roadworthy 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 drives the vehicle is disqualified from holding or has never held a driver’s licence appropriate for that vehicle.
f) The vehicle is willfully or recklessly damaged or damaged through careless driving 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 the willful or reckless behavior of the hirer or any such person;
h) Dangerous or careless driving: If the driver is issued with an infringement notice or there is any evidence of dangerous or careless driving the insurance cover will become null and void. The hirer will be responsible for full cost of any damage
i)The vehicle is operated on any of the following roads: BALL HUT ROAD (MT COOK), SKIPPERS ROAD (QUEENSTOWN), COAST ROAD TO RUSSELL, NINETY-MILE BEACH (NORTHLAND) or any beach whatsoever. 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. This clause is deleted if the hirer chooses to accept the insurance cover.
12, The owner shall supply the vehicle in a safe and roadworthy condition. 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, used during the term of the hire is the responsibility of the hirer.
The vehicles owners and agents liability shall not exceed the daily rate paid for the hire. The hirer is advised to seek general travel insurance to cover against additional costs.
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. All accidents must be reported to the police.
THE HIRER IS ADVISED TO PHOTOGRAPH THE SCENE QUICKLY.
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. The hirer may be liable for the recovery of the damaged vehicle.
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 licensed under Part VII of the Transport Act 1962 or exempted from licensing under that Act.
18. The hirer shall not:
a) Sublet or hire the vehicle to any other person
b) Permit the vehicle to be operated outside his 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 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 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 driving the vehicle, the hirer or other person is not the holder of a current driver’s licence appropriate for 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. The hirer is liable for all costs including ferry fees incurred in transporting the vehicle back to the owner’s place of business.
IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE
20. 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. NOTE TO THE DRIVER
The hirer must be given a copy of this agreement which must be left in the vehicle throughout the term of the hire and produced to a traffic or police officer on demand. Please drive safely and according to the road and weather condition. You must not exceed the corner advisory speed or the posted speed limit.
Be courteous and keep to the left or pull over so faster traffic can pass safely. It is compulsory to drive on the LEFT side of the road.