AGREEMENT TO HIRE RENTAL VEHICLE / TRAILER
In this agreement made between the owner and the hirer it is acknowledged and agreed as follows:
Vehicle / Trailer Description
1. The owner will let and the hirer will take on hire the motor vehicle described herein and referred to as the vehicle or trailer described herein and referred to as the trailer.
Duration of Hire
2. A term of the hire shall be as set out in this agreement
Persons Who May Drive the Vehicle/trailer
3. The vehicle may be driven during the period of hire only by the persons named in this agreement and only if they hold a current driver’s licence appropriate for the vehicle at the time they are driving the vehicle.
a) Should the vehicle be driven by any driver who is not named in this agreement and the vehicle is damaged by that driver then the hirer becomes liable for all costs of salvage, repair and any third party damages, which costs shall become immediately due for payment (refer clause 19 a-f).
Payments by the Hirer
4. The hirer shall pay to the owner as payment for the hire of the vehicle/trailer for the period specified in this agreement the sum detailed in this agreement a) The hirer agrees to pay all overdue time charges at $10 per hour. b) If the Vehicle/trailer is involved in an incident the hirer agrees to pay Rental at the vehicle/trailer category utilisation rate until returned to branch as per agreement after repairs have been completed.
5. In addition to the payment specified in clause 4 of this agreement the hirer shall pay to the owner the sum detailed in this agreement for the insurance cover set out in clause 14-19 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 hire a distance charge at the rate detailed in this agreement per kilometre for every kilometre should this be applicable
7. The hirer shall pay for all petrol, diesel or other fuel (but not oil) used in the vehicle during the period. The hirer is required to refuel the vehicle just prior to return and maintain receipts to avoid refuelling charges.
8. Should the vehicle not be returned full of fuel a $50.00 refuelling charge may apply. This is in addition to the actual cost of the fuel required to fill the tank.
9. Should an infringement or non-payment of road toll notice be received during the period of the hire and the infringement or toll charge not be paid by the hirer, a processing fee of up to $75 per infringement shall apply in addition to the infringement and or toll fee cost. The hirer agrees to pay and have the processing and infringement fee (at the discretion of the owner) charged to the hirer’s nominated credit card for all offences relating to: An offence detected by approved vehicle surveillance equipment that is:
a) A speeding offence; or
b) An offence in respect of failure to comply with the directions given by a traffic signal; or
c) A toll offence; or
d) Parking in any portion of a road or in breach of any bylaw of a road controlling authority or Part 6 of the Land Transport (Road User) Rule 2004. The owner will elect to apply for transfer of the notice. Should this occur the Issuing Enforcement Authority will forward the notice directly to the hirer who can then respond directly to that Authority upon receipt, and only the processing fee will be deducted on the hirers Credit Card..
10. The hirer acknowledges that they must pay on demand from the owner any amount which they are liable for under the rental agreement, in respect of a breach of the agreement or for damage or loss to the vehicle / trailer or third party property.
11. The hirer or driver shall ensure that:
a) The water in the radiator and the 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 on the vehicle / trailer are maintained at the proper pressure
d) The correct grade of fuel is put into the vehicle
e) The vehicle/trailer is returned in a clean and tidy condition otherwise a cleaning fee will apply.
f) The vehicle warning lights are fully obeyed at all times.
g) They generally do all things necessary to keep and maintain the vehicle / trailer in its current state and condition (fair wear and tear accepted).
h) They comply with any applicable seat belt and child restraint laws.
i) They do not smoke in the vehicle, or allow passengers to smoke in the vehicle; otherwise a cleaning fee will apply.
12.Should any malfunction of the vehicle occur, any sign of overheating, you must stop the vehicle / trailer immediately or you will be held liable for all repairs and consequential losses.
13.The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle / trailer and that it is left securely locked when not in use, and the keys are under personal control at all times, and produce such keys if the vehicle has been stolen.
14.The hirer shall pay to the owner
a)the amount of the insurance excess which applies for the vehicle/trailer (as shown on the front of this agreement) for each and every new accident /incident that occurs during the hire period.
b) A $75 Claim Administration fee for all damage claims regardless of the insurance option taken.
c) During the hire period the CDW/CDR can only be used once for the damage that has occurred first. Once the CDW/CDR is used Your Insurance Excess reverts to Standard Insurance Excess. Also the additional benefits of CDW/CDR no longer apply d) Such payment shall be immediately due once the owner is advised of any damage.
15.The hirer acknowledges and approves that any charges referred to in clauses 4 thru 14, shall be debited to the credit card provided for all payments relating to this agreement and approves the owner to immediately (or at their discretion) charge the card for the excess applicable. Should the nominated credit card decline then the hirer shall immediately provide an alternative credit card or method of payment.
16.Subject to the exclusions set out below the hirer and any driver authorised to drive the vehicle is indemnified in respect of liability he or she might have to the owner in respect of the loss or damage to the vehicle and its accessories and spare parts and 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 Subject to the exclusions set out below the hirer and any driver authorised to drive the vehicle is indemnified to the extent of $250,000.00 in respect of 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
The indemnities referred to above shall not apply where the damage, injury or loss arises where:
a) The driver of the vehicle/trailer is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle/trailer
b) The vehicle/trailer 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/trailer
c) The vehicle/trailer is operated in any race, speed test, rally or contest d) The vehicle is driven by a person not named in clause 3 of the agreement
e) The vehicle/trailer is driven or hired by any person who at the time when he or she drives or hires the vehicle/trailer is disqualified from holding or has never held a driver’s licence appropriate for that vehicle
f) The vehicle/trailer is wilfully or recklessly damaged by the hirer or any person named in clause 3 of the agreement or driving the vehicle/trailer under the authority of the hirer or is lost as a result of the wilful or reckless behaviour of any such person
g) The vehicle is operated on any of the following roads or areas Skippers Road (Queenstown) - Ball Hutt (Mt Cook) - Ninety Mile Beach (Northland) or any other beach - Any unsealed private road
h) The vehicle/trailer is operated outside the term of the hire or any agreed extension of that term. It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.
I) 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 $5000
i) Any damage to their vehicle or a 3rd party when renting a trailer, the trailer insurance is solely for any damage to the trailer
The hirer is liable in respect of the damage or loss referred to in the insurance cover shown over (including when the collision damage reduction clause has been taken) unless the vehicle is involved in a single car accident or is driven in a careless or reckless or dangerous manner the hirer is liable for the first $2000 of Damage or loss. Any incident that beaches the owner’s insurance cover the hirer agrees they are liable for all costs incurred. Any authorised driver under the age of 21 years cannot be eligible for the collision damage reduction/waiver
17.Should the hirer not elect to take the Collision Damage Reduction/waiver (CDR/CDW) cover at the commencement of the hirer, CDR/CDW cannot be added to the agreement once the hire commences under any circumstances.
18.In the event of personal property being stolen from or attempted to be stolen from the vehicle/trailer and the vehicle/trailer is damaged during the course of these events, the hirer shall be liable for any insurance excess applying to the vehicle/trailer or for the costs of repairs to the vehicle/trailer, whichever may be applicable.
19. Insurance does not cover the hirer for and the hirer is fully liable for:
a) The cost of repairing overhead or roof damage caused by contact between the vehicle and objects overhanging or obstructing the path of the vehicle/trailer or if damage is caused by persons placing objects on the roof of the vehicle/trailer
b) The cost of repairing any under body damage, and any resulting damage from that under body damage, including mechanical damage to the vehicle/trailer
c) The cost of repairing any water damage caused by the immersion of the vehicle/trailer in water
d) Any damage caused to the vehicle through the use of tyre chains
e) Any damage to their vehicle or a 3rd party when renting a trailer, the trailer insurance is solely for damage to the trailer.
f) The hirer acknowledges by the signing of this agreement that they are aware of all the exclusions and damage not covered by insurance, and are immediately liable for payment. Rejection of Insurance (if accepted by owner in writing)
20.The hirer must satisfy the owner that he or she has adequate insurance cover that is comparable with the insurance cover offered by the owner; otherwise the owner has the right to refuse to hire the vehicle/trailer to the prospective hirer. The hirer is to provide written proof of both policy coverage and payment of premium when he or she has nominated their own insurance cover.
21.The hirer accepts that if the vehicle is hired to him or her at his or her own risk in respect of loss or damage to the vehicle and consequential loss by the owner. The hirer accepts that he or she may be liable to the owner for any loss or damage to the vehicle and consequential loss.
22.The owner shall supply the vehicle/trailer in a safe and roadworthy condition
23 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.
24.The owner shall at the request of the hirer fit an approved child restraint device in accordance with best practice. However it shall be the final and ultimate responsibility of the hirer to ensure that they are satisfied as to the fitment. Final responsibility for safety of the passenger and the restraint rests solely with the hirer.
25.If the vehicle is fitted with a tail-lift device the hirer acknowledges that they have been given by the owner clear verbal instructions as to its’ safe use and limitations.
26.Whilst all care is taken by the owner to ensure watertightness of storage areas on the vehicle/trailer it is the sole and final responsibility of the hirer to ensure that watertightness meets the hirers intended use. The owner does not guarantee that vehicles/trailers are watertight.
27.Except as provided for at law, the owner is not liable to any person, and you indemnify the owner, for any loss of, damage to, any property: stolen from the vehicle or otherwise lost or damaged during the rental; or left in the vehicle after the return of the vehicle/trailer.
28.The owner shall not be responsible for the state and condition of any property found in or on the vehicle/trailer after the vehicles/trailers return. Any person claiming the return of such property is required to furnish the owner satisfactory proof of ownership
Mechanical Repairs and Accidents
29.If the vehicle/trailer is damaged or requires repair or salvage whether because of an accident or breakdown, the hirer shall advise the owner or his agent of the full circumstances by telephone as soon as possible
30.The owner shall be permitted to have 48 hours in which to repair or replace the vehicle/trailer in the event of a mechanical breakdown
31.The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs are necessary to prevent further damage to the vehicle/trailer or other property
32.The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or except in emergency, any part of the engine, transmission, braking or suspension system of the vehicle/trailer
33.The hirer is responsible for any punctures, tyre or rim damage that occurs during the term of the hire
34.In the event of an accident/incident the owner is not obliged to make any refund for the unused hire period (including CDW/CDR if applicable), any replacement vehicle/trailer will be provided at the sole discretion of the owner. If a replacement vehicle/trailer is provided then any cost associated with the supply of the replacement vehicle will be at the hirers’ expense and payable prior to supply of vehicle/trailer.
Use of the Vehicle
35.The hirer shall not use or permit 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 licence under part 4A of the Transport Act 1962 or exempted from licensing under that act
36 The hirer shall not
a) Sublet or hire the vehicle/trailer to any other person
b) Permit the vehicle/trailer to be operated outside his authority
c) Operate the vehicle/trailer 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 drugs)
d) Operate the vehicle or permit it to be operated to propel or tow any other vehicle except a trailer which does not exceed the weight limits of the towbar and the vehicle
e) Operate the vehicle in any race, speed test, rally, contest, for pace notes, or any closed road or non-public roadway
f) Operate the vehicle/trailer or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976 or any other Act, Regulations or Bylaws 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 weight of goods specified in the certificate of loading for the vehicle
h) Drive or permit the vehicle/trailer to be driven by any person if at the time of his driving the vehicle the hirer or any other person is not the holder of a current drivers licence appropriate for the vehicle/trailer.
i) Use the vehicle/trailer to transport goods, except in compliance with all necessary approvals, permits, licenses and government regulations and in accordance with the vehicle manufacturer’s specifications.
j) Allow or permit the vehicle/trailer to be used for any illegal purpose.
k) Transport any animal inside the vehicle/trailer (except with the permission of the owner and subject to all necessary approvals, permits, licenses and government requirements). An additional cleaning charge will apply.
l) Except without the owner’s written permission use the vehicle/trailer to carry any flammable substance which has a flash point of less than 23 Degrees Celsius or any explosive or corrosive substances.
Return of the Vehicle/trailer
37.In the event that the hirer wishes to terminate the agreement earlier than the date and time stated, there is NO OBLIGATION to provide a refund for the balance of the hire period. Any refund or amendment to the hire rate is at the sole discretion of the owner. Vehicle hire charges are nonrefundable and non-transferrable
38.The hirer shall, at or before the expiry of the term of hire, deliver the vehicle/trailer to the owner or his agent at the location address detailed in the agreement or obtains the consent of the owner or agent to the continuation of the hire.
39.When the vehicle/trailer is left at any other place than the branch location then termination of the agreement shall be when the vehicle/trailer has been collected, returned to the branch location and inspected. The hirer acknowledges that they shall be responsible for the vehicle/trailer up until the time of termination.
40.Should the vehicle/trailer be returned dirty, then the hirer shall be asked to clean the vehicle/trailer prior to the vehicle/trailer being inspected and checked in. Alternatively the vehicle/trailer shall be inspected and checked in once the owner has cleaned the vehicle/trailer.
41.If the vehicle/trailer is returned to a different location other than specified on the agreement a minimum penalty fee of $500 may be charged at the owners sole discretion in addition to the current daily rental rate.
42.If you return the vehicle/trailer to any place other than a branch location (including, but not limited to; airports, motels, hotels, hostels, private addresses) it will be deemed to have been returned only when the vehicle/trailer is returned to a branch location. The hirer will be responsible for the vehicle/trailer until such time as the vehicle is deemed to have been returned and the hire terminated. The hirer will be responsible for all additional charges which may apply.
Immediate Return of the Vehicle/trailer where Default or Damage
43.The owner shall have the right to terminate the hiring and take immediate possession of the vehicle/trailer if the hirer fails to comply with any of the terms of his agreement or if the vehicle/trailer 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.
44. Breaches of the rental agreement shall result in the hirer paying for: a) All costs to rectify the vehicle/trailer to its original condition or replacement of the vehicle/trailer; and/or b) Loss of rental revenue to the owner; and/or c) Damage to third party property being the hirers full responsibility; and/or d) All reasonable costs for towing, storage and recovery of the vehicle/trailer
Payment is due immediately upon demand from the owner.
Title and Security (Personal Property Securities Act 1999) (when applicable)
45.The hirer gives the irrevocable authority to the owner or their representative to enter any premises occupied by the hirer or on which the vehicle/trailer is situated at any time after default by the hirer or before default if the owner believes a default is likely and to remove or repossess the vehicle/trailer and any other property which has been supplied by the owner. The owner or their representative shall not be liable for any costs, damages, expenses or losses incurred by the hirer or any third party as a result of this action, now liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Where the vehicle/trailer is reclaimed by the owner pursuant to clause 45 the hirer waives the right to receive notice under s.120 of the PPS Act 1999 and to abject under s.121 of the PPSA.
46.The following shall constitute defaults by the hirer:
a) Non Payment of any sum by the due date.
b) The hirer implies that they will not pay any sum by the due date.
c) The vehicle/trailer is seized by any other creditor of the hirer or any other creditor intimates that it intends to seize the vehicle/trailer.
d) The hirer is bankrupted or put into liquidation or a receiver is appointed to any of the hirer’s assets.
e) A court judgement is entered against the hirer and remains unsatisfied for seven (7) days.
f) Any materially adverse change in the financial position of the hirer.
47 If the Credit Repossession Act applies to any transaction between the hirer and the owner, the hirer has the rights provided in the Act despite anything contained in this agreement.
48.The hirer acknowledges that the information provided on this form (“the information”) will be held by the owner and agrees that the information may also be held by
a) The operator from whom the vehicle/trailer was hired
b) Any company related to the owner
49. The hirer agrees that the information may also be used for the purposes of
a) Considering the market for the owners vehicles
b) Making available to you information relating to the owners services, the owners products and services and the services of any company related to the owner
50.The hirer understands that unless advised in writing to the contrary they have “opted-in” and he or she may request access to the information held by the owner and may request that the information be corrected if the hirer considers the information is wrong or advise that they wish to opt-out.
51.The hirer undertakes to pay any monies owing in full on demand. In default of such prompt payment the hirer undertakes to pay late payment fees of 2.5% per month, calculated daily on any amount outstanding and to indemnify the owner and pay all costs and expenses on a solicitor and own client basis if legal action is necessary, and/or any collection agency fees, which the owner may incur in recovering any overdue or outstanding amounts of monies.
Retention of Goods and Personal Effects
52.The hirer agrees that if the vehicle is picked up by the owner or the owners’ representative when the hirer is in default of the agreement, all personal effects left in/on the vehicle may be held/sold to recover any costs incurred under this agreement whatsoever they may be.
53. The law of New Zealand governs these terms and conditions of hire. Dispute Resolution
54.If you believe that there has been an error in your account or if the amount charged is unreasonable you must notify the manager of the branch from where your hire commenced and submit within twenty (20) working days your complaint in writing providing exact details of your complaint together with any evidence in support of your complaint. If as a result of the owners’ investigation that:
a) Your account has been incorrectly debited the owner will respond by arranging to adjust your account by crediting your account and will notify you in writing; or
b) Your account has been correctly debited the owner will respond by providing you with reasons and furnish you with any evidence for this finding.
55. If you are still dissatisfied and have further queries, you must notify the owner in writing within seven (7) working days and a meeting will be arranged as soon as practicably possible between the senior executives in an attempt to resolve the dispute.
56. The owner will pay any refund due by such method as the owner may reasonably choose.
57.The Owner holds your request for GPS with your reservation however cannot guarantee availability until rental pickup.
58.Reliability of directions is subject to software provided by the supplier.
59.The Hirer is responsible for all costs in the event of lost, stolen or damaged GPS navigation units and/or any of its components.
60.The Renter agrees to release and hold the owner harmless for any GPS unit failures.
Credit Card Authorization
61.The Hirer/Cardholder agrees and irrevocably authorises that if he/she has presented a credit charge card by way of bond or payment for this Agreement, that any actual or consequential liability arising out of this agreement may be billed directly to this credit card, and that the Cardholder's signature will be deemed to have been made on the appropriate charge voucher.
Vehicles that are covered by our Breakdown / Roadside assistance service.
62.A Fee will apply and need to be paid directly to the callout agent if it is found to be hirers error or non mechanical fault. Example but not limited to: Lights left on, keys locked in car, wrong fuel filled.
NOTE: - by virtue of clause 7 of this agreement the cost of petrol, diesel and other fuel but not oil, used during the term of the hire is the responsibility of the hirer.