TERMS AND CONDITIONS OF AGREEMENT TO HIRE A RENTAL VEHICLE

 This document is an agreement made between the rental service operator (“the operator”) and the hirer whose particulars are recorded in this Rental Agreement (“the hirer”). It is hereby agreed as follows:

Vehicle description and term of hire

1. The operator will let and the hirer will take the motor vehicle described in this Rental Agreement (“the vehicle”), for the term of hire as described in this Rental Agreement.

Persons who may drive the vehicle

2. The vehicle may be driven during the term of hire only by the persons named or described in this Rental Agreement and only if each person holds a current full driver’s licence appropriate for the class of vehicle in this Rental Agreement. The licence details are recorded in the Rental Agreement alongside each person’s name and address.

Payments by hirer

3. The hirer shall pay the operator for the hire of the vehicle the sum or sums specified in this Rental Agreement.

4. The operator may request the hirer to pay a deposit on any hire, or pay the full amount of the hire before the hire commences.

5. The operator may request a credit card from the hirer as security over the amount agreed in this Rental Agreement and any other costs or fees which the hirer may become liable to pay in accordance with the terms in this Rental Agreement.

6. In addition to the payment specified in clause 3 above, the hirer acknowledges that s/he shall be liable at the end of the hire period to pay to the operator any applicable additional charges payable at the end of the term. These include charges for additional distance driven, fuel, Road User Charges (RUC), late return, cleaning fees, damage to or repair of the vehicle (subject to the other terms of this Rental Agreement), any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees (see clause 27) and the administration costs relating to those fines and fees, and toll charges. The operator will deduct such charges from the hirer’s credit card during or after the term of hire is completed, or the hirer may pay such charges as agreed with the operator, such choice to be at the operator’s sole discretion.

7. The hirer shall pay for all fuel (but not oil) used in the vehicle during the period of hire.

8. The hirer shall pay for all sums specified in the Insurance clause as set out in this Rental Agreement.

9. If the hirer fails to pay any money under, or in connection with, this Rental Agreement by the date the payment is due; the operator reserves the right to charge compounding interest, at current bank overdraft rate.

Use of the vehicle

10.    The hirer shall not:

a)  use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the operator’s knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 (“the Act”);

b) sublet or hire the vehicle to any other person;

c)  allow the vehicle to be used outside his/her authority;

d) operate the vehicle or allow it to be operated in circumstances that constitute an offence against any of Sections 56, 57 and 58 of the Act;

e)  operate the vehicle or allow it to be operated in any race, speed test, rally or contest;

f)  operate the vehicle, or allow it to be operated in breach of the Transport Act 1962, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;

g)  operate the vehicle or allow it to be operated for the transport of more passengers or goods than the max specified in the certificate of loading and/or RUC certificate, whichever is the lesser;

h) drive or allow the vehicle to be driven by any other person if at the time of driving the vehicle the driver does not hold a current driver’s licence appropriate for the vehicle;

i)   drive or allow the vehicle to be driven on any roads excluded in clause 21 (k) of this Rental Agreement, or on any beach, driveway, or surface likely to damage the vehicle;

j)   allow the vehicle to be driven by any person who is not named or described in this Rental Agreement as a person permitted to drive the vehicle; or

k)  remove any graphics without the prior permission of the operator.

Hirer’s obligations

11.      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 are maintained at the proper level;

c)    the oil in the vehicle is maintained at the proper level;

d)    the tyres are maintained at their proper pressure;

e)    the vehicle is locked and secure at all times when it is not in use;

f)     the distance recorder or speedometer are not interfered with;

g)    no part of the engine, transmission, braking or suspension systems are interfered with;

h)    should a warning light be illuminated or the hirer believe the vehicle requires mechanical attention, s/he stops driving and advises the operator immediately.

Operator’s obligations

12.      The operator shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.

13.      The operator shall be responsible for all ordinary and extraordinary cost of running the vehicle during the term of the hire except to the extent that by the terms of this Rental Agreement those costs are payable by the hirer.

Mechanical repairs and accidents

14.      If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the operator of the full circumstances immediately.

15.      Any mechanical or towing expenses required for the vehicle must be authorised by the hirer prior to the repairs taking place, except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property. Failure to authorize these expenses may result in the hirer being held liable for the costs.

16.      If the vehicle requires repair or replacement the hirer shall notify the operator and the operator will arrange for repair or replacement.

Return of vehicle

17.    The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the operator or to the place of business as shown on the front of this Rental Agreement, or obtain the operator’s consent to the continuation of the hire (in which case the hirer shall pay additional hire charges for the extended term of hire). If the hirer does not comply with this clause, the hirer shall be liable for charges for the late return of the vehicle. Unless agreed in advance, the vehicle must be returned to the operator during the operators’ normal hours of business and when the operator is present to receive the vehicle; the vehicle is considered to be returned only when it has been received and inspected by the operator.

18. The vehicle is to be returned in a clean and tidy condition; if not a cleaning fee may apply. The vehicle is to be returned with a full tank of fuel; if it is not filled with fuel a $25.00 administration fee will apply in addition to the cost of the fuel.

Insurance

19.   The operator is required to offer the hirer insurance. The hirer reserves the right to arrange their own insurance arrangements provided they are approved by the operator. Unless other arrangements are agreed in advance of hire, the following insurance will apply to each hire.

20 . If the hirer is insured under a policy arranged by or through the operator then, subject to the exclusions and excess payable as set out below, the hirer and any authorised driver named in this Rental Agreement is indemnified up to:

a)  the operators insured value of the vehicle for any loss or damage to the vehicle;

b) a limit of $10,000,000 in respect of any liability he or she might have for damage to any third party property and arising out of the use of the vehicle.

The excess, being an amount for which the operator has not insured the vehicle and which the hirer is required to pay in the event of an insurance claim being made, is at the option of the hirer as follows in respect of each vehicle type:

Option One applies unless the hirer has notified the operator that it wishes to take Option Two and has paid or agreed to pay to the operator the additional cost advised to the hirer in respect of that option.  Option Two is not available in respect of buses/class 2 trucks or to any hirer under 18 years of age.

Additional insurance for cover for damage to the windscreen is available for each type of vehicle at the rates advised by the operator to the hirer.  If the hirer has notified the operator that it wishes to take the windscreen cover and has paid or agreed to pay to the operator the additional cost advised to the hirer in respect of that cover then the insurance excess in respect of a claim for damage to the front windscreen shall be $0. 

Exclusions

21. The hirer acknowledges that the cover referred to in clause 20 will not apply under the following:

a)  The vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and a warning light appeared or the hirer or driver was aware or should have been aware of the unsafe or unroadworthy condition of the vehicle;

b) The vehicle is driven in any race, speed test, rally or contest;

c)  The vehicle is driven by anyone not named or described in this Rental Agreement as a person permitted to drive the vehicle;

d) The vehicle is driven by a person who at the time when he/she drives the vehicle is disqualified from holding or has never held a drivers licence appropriate for the vehicle or is not driving on a full licence appropriate for the vehicle.

e)  Water submersion or salt-water damage is not covered;

f)  The hirer specifically acknowledges that the events referred to in this subclause are not covered by any insurance policy or excess option and the hirer will be liable for the full cost of replacing lost keys or the cost of retrieval of keys which have been locked inside the vehicle or flat batteries as a result of the lights or keys being left on or the use of a tail lift without the engine running,, damage to any vehicle modifications including tail lifts and wheelchair hoists, or damage to the Vehicle caused by driving under a structure that was too low for the Vehicle e.g. a parking building, drive through or tree;

g) The windscreen insurance cover (if selected by the hirer) covers the hirer for damage to the front windscreen only and does not include damage to any other window on the vehicle including the side or rear windows;

h)  Personal belongings are not covered;

i) If any terms of this Rental Agreement are breached. The hirer will be responsible for the total cost of any damage. This will also include any damage caused by willful conduct (e.g. sitting on the bonnet or roof of the vehicle, damage to tyres, rims, burning out a clutch and any damage arising from using the vehicle to propel another vehicle) and driving under the influence of alcohol or any drug;

j)   The incorrect use of fuel or the vehicle running out of fuel is not covered. The hirer will be responsible for any associated costs;

k)   The hirer will be responsible for the cost to retrieve or recover a vehicle, which has become bogged, regardless of the insurance options taken;

l)  The vehicle was being driven on any of the following roads:

..............................................................................................................................................

m)   Any other terms of this Rental Agreement are breached or the vehicle was operated beyond the term of this Rental Agreement or any agreed extension of the term.

22 .  It is agreed between the hirer and the operator that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constitutes a contract of insurance.

23.   Where this Rental Agreement is entered into for business purposes, the hirer agrees that such services are supplied for business purposes in terms of Sections 2 and 43 of the Consumer Guarantees Act 1993 and that the provisions of the Consumer Guarantees Act 1993 do not apply to the hirer.

Release and Indemnity

24 .  The hirer releases the operator, its employees and agents, from any liability to the hirer (regardless of who is at fault), for any loss or damage incurred by the hirer by reason of rental, possession or use of the vehicle.

25.   The hirer hereby indemnifies and shall keep indemnified the operator, its employees and agents, against any claims, demands and expenses (including legal costs) incurred or sustained by them or any of them by reason of the hirers use and/or possession of the vehicle.

26.   Any indemnity required of the hirer shall not operate to indemnify the operator in respect of any negligent act by the operator.

Traffic offences

27.   The hirer is advised that Section 9.5(1) of the Land Transport Rule: Operator Licensing 2007 permits the operator to debit the hirer’s credit card, or invoice the hirer, for any infringement fee for an offence where the offence was committed during the period of hire and:

a)  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

b) 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 the Land Transport (Road User) Rule 2004.

28.  The operator may also charge an administration fee of $25.00 on top of the infringement fee.

Vehicle Impoundment

29.   Should the hirer operate or allow the vehicle to be operated in a manner that results in the vehicle being impounded by the Police, the hirer shall be liable to the operator for all expenses incurred in the vehicle being impounded, including, but not limited to, towing fees, impoundment fees, court costs and a rental fee, at the same amount agreed in this rental, for the entire period the vehicle is impounded and until the vehicle is returned to the operator.

Breach of Contract

30 .  The operator shall have right to terminate the hire and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this Rental 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 Rental Agreement or otherwise.

Hirer’s Transport Service Licence No. (if any) ...........................................................................

(Note: If the vehicle is being used for a transport service, the Transport Service Licence must be displayed on the vehicle at all times. A transport service is a goods service, a passenger service or a vehicle recovery service. Examples of a transport service include: the operation of a truck with a GMV of 6000 kilograms or more, or the operation of a motor vehicle that is carrying passengers for hire or reward. Please ensure that the Transport Service Licence Number is written onto each copy of the Rental Agreement if so required.)

NOTE – THE OPERATOR MUST GIVE THE HIRER AT LEAST ONE COPY OF THIS RENTAL AREEMENT WHICH MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND TO AN ENFORCEMENT OFFICER