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 the hire of the motor vehicle described over leaf, hereinafter referred to as “the vehicle”.
DURATION OF HIRE
2. The term of the hire will be the period as described overleaf.
PERSONS WHO MAY DRIVE THE VEHICLE
3. The vehicle may be driven during the period of hire only by the persons named on the front of this form and only if they hold a current full drivers 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 overleaf, for the insurance cover set out in clause 11 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 Section E overleaf.
7. The hirer shall pay for all petrol or other fuel and damages to tyres, used in the vehicle during the period of hire.
8. Any sum received by the owner from or on behalf at or before the commencement of this Agreement shall be held by the owner as security for the return of the vehicle and as security for payment of any sums owed by the hirer to the owner on the termination of the Agreement. Upon the termination of the Agreement the owner shall be entitled to apply any sum so held in payment of all amounts owed by the hirer under the Agreement and any balance shall be refunded to the hirer.
9. 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) The tyres are maintained at their proper pressure.
10. 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.
11. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of the loss of or any 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. Subject to the exclusions below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $250,000, in respect of any liability he might have or 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 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 that the of the unsafe or unroadworthy 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 vehicle is driven by any person not named on the front of this form;
(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 drivers licence appropriate for that vehicle;
(f) The vehicle is wilfully or recklessly damaged by the hirer or any other person named in section A on the front 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 or the hirer or any such person;
(g) Insurance void on unsealed roads;
(h) The vehicle is operated outside the term of the hire or any agreed extension of that ter’;
(i) Where the hirer or driver has caused damage or injury by driving on the incorrect side of the road.
(j) In the event that the driver is charged with an offence as a result of an accident, then the hirers liability is increased to $5000;
(k) 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 that he is aware of the above exclusions, by his signature on the front of this form.
The hirer’ acknowledges that he is liable for damages or loss to the extent indicated under the heading ‘Hirers Liability’ on the front of this contract. This does not apply to damage or loss resulting from a fire or from the theft or conversion or attempted theft or conversion of the vehicle.
REJECTION OF INSURANCE
12. If insurance is rejected the hirers accepts by his own signature on the front of this form that the vehicle is hired to him at his own risk in respect of loss of or damage to the vehicle and consequential loss by the owner. The hirer by his signature on the front of this form accepts that he may be liable to the owner for any loss of or damage to the vehicle and consequential loss. If insurance is rejected the hirer accepts by his signature on the front of this form that he has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any other person or property.
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 the 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.
MECHANICAL REPAIRS AND ACCIDENTS
15. If the vehicle is damaged or requires repair or salvage, whether because of an accident or a breakdown, the hirer shall advise the owner of the full circumstances by telephone 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 damages to the vehicle or the 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 suspension systems of the vehicle.
USE OF THE VEHICLE
18. 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.
19. 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 that 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 licence appropriate for the vehicle;
(i) Permit any person who is not authorised to drive the vehicle referred to.
RETURN OF VEHICLE
20 The hirer shall at or before the expiry of the term of hire, deliver the vehicle to the address from which the vehicle was hired or to such place of business of the owner or the owner’s agent as may be agreed upon or obtain the owner’s consent to the continuation of the hire.
21. The owner reserves the right to check the vehicle in within 24 hours.
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 the other fights of the owner and the rights of the hirer under this Agreement or otherwise.
23. That you undertake to pay the account in full on or before the due date. In default of such prompt payment, you undertake to pay late payment fees of 2% per month on any outstanding and to indemnify us and all costs and expenses which we may incur recovering from you an overdue account.
24. The hirer is advised that Sections 9.5 (1) of the Land Transport Rule: Operator Licensing 2007 permits the operator to debit the hirer’s credit card for any infringement fee where the offence was committed during the period of hire and was a speeding offence, a toll offence, or an offence in respect of failure to comply with the directions given by a traffic signal where that offence was detected by approved vehicle surveillance equipment, or an offence for parking in any portion of a road in breach of any bylaw of a road controlling authority or an offence against Part 6 of the Land Transport (Road User) Rule 2004. The operator may also charge an administration fee of $30.00 in addition to the traffic offence charge.
25. The hirer is advised that should the operator decide to debit their credit card for an infringement fee, the hirer has the right to:
(a) Receive a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the operator;
(b) Challenge, complain about, query or object to the alleged offence to the issuing enforcement agency;
(c) Seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice); and dispute the matter with the credit card issuer.
26. By signing this Agreement, the hirer acknowledges notification of the information in clauses 24 and 25.