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• Rental Agreement

Rental Agreement

An Agreement made between the Owner and the Hirer whose particulars are entered above. It is hereby agreed as follows:

Vehicle Description

1. The owner will let and the Hirer will take on hire the motor vehicle described above, hereinafter referred to as “the vehicle”.

Duration of Hire

2. The term of hire shall be for the period as described above.
3. When a vehicle is left at any other place than the branch location then termination shall be when the vehicle inspection shall occur at the time of the collection. The Hirer will be responsible for the vehicle up until this time of termination, inspection, and collection.
4. Should the Hirer terminate the hire before the stated date and time, the stated rate and term will be amended at the sole discretion of the owner.

Persons who may drive Vehicle

5. The vehicle may be driven during the period of hire only by the Hirer and persons named on this Agreement and only if they hold a current driver's licence appropriate, which shall be sighted by the owner, for the vehicle at the time when they are driving the vehicle.

Payments by Hirer

(a) 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) a hire charge at the rate referred to on this Agreement.
(b) The Hirer acknowledges they shall be responsible for all costs relating to collection of any outstanding charges in relation to this Agreement.
(c) The Hirer acknowledges and accepts that by signing this Agreement and by providing a credit card for payment, that all charges under this Agreement may be charged to the nominated credit card or to any other credit card that may be provided.
6. 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.
7. 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 on this Agreement.
8. The Hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.

Hirer's Obligations

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. The Hirer shall also be liable for any parking or traffic infringements incurred and will supply relevant details as required by the Police and/or the owner relating to any such parking or traffic infringement and offences, impoundment, towage and storage. The Hirer acknowledges that the owner may charge a fee of NZ$30 per infringement to cover the cost of processing the infringement notice.

Insurance

12. Subject to the exclusions set out below, the Hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect of the loss or 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 set out below, the Hirer and any driver authorised to drive the vehicle are indemnified to the extent of NZ$250,000 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.

Exclusions

13. The indemnities referred to above shall not apply where the damage, injury or loss arises when:
14. (a)The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle;
15. The vehicle 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;
16. The vehicle is operated in any race, speed test, pace notes, rally, or contest, or on any closed road or non-public roadway;
17. The interior of the vehicle is damaged or soiled by cigarette burns, cuts, spillage or foreign materials;
18. Damage is caused to tyres or by ski racks and tyre chains.
19. The Hirer is not a body corporate or department of State and the vehicle is driven by any person other than the Hirer and any other person named on the front of this Agreement;
20. 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;
21. The vehicle is wilfully or recklessly damaged by the Hirer or any other person named 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 of the Hirer or any such person;
22. The vehicle is operated on any of the following roads; Ball Hut, Mt. Cook; Skippers Canyon Rd, Queenstown; State Highway 38, Lake Waikaremoana; 90 Mile Beach, Northland; or any unsealed private roadway;
23. The vehicle is operated outside the term of the hire or any agreed extension of that term;
24. 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. The Hirer acknowledges that he is aware of the above exclusions, by his/her signature on the front this Agreement.

Hirer's Liability

25. The Hirer acknowledges that he is liable for damages or loss to the extent indicated under the heading 'Hirer’s Liability' on this Agreement.
26. This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle with the exception of theft or attempted theft of property from the vehicle.
27. The excess applied shall be for each and every claim. Window glass damage or breakage also carries a separate excess. Damage caused to tyres or by ski racks and tyre chains and cigarette burns, and the cost of replacement of lost or damaged keys, is not included. Such amounts will be collected as part of total amount due under this Agreement.

Rejection of Insurance

28. If insurance is rejected the Hirer accepts by his/her signature on this Agreement that the vehicle is hired to him/her 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 Agreement accepts that they shall 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 this Agreement that He/She has no insurance cover under this Agreement in respect of any damage, injury, or loss caused to any person or property.
29. The Hirer is to supply proof and currency of policy, and payment of the same, where He/She has nominated their own insurance for cover.

Owners Obligations

30. The owner shall supply the vehicle in a safe and roadworthy condition.
31. 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.

Mechanical Repairs and Accidents

32. If the vehicle is damaged or requires repair or salvage, whether because of any accident or breakdown, the Hirer shall advise the owner of the full circumstances by telephone, facsimile or telegram as soon as practicable.
33. 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.
34. 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 Vehicle

35. 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 1 of the Transport Services Licensing Act 1989.
36. The Hirer shall not:
(a) Sublet or hire the vehicle to any other person;
(b) Permit the vehicle to be operated without his authority and then only by an authorised driver named on this Agreement;
(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 drugs);
(d) Operate the vehicle or permit it to be operated in any race, speed test, pace notes, rally, or contest, or on any closed road or non-public roadway;
(e) Operate the vehicle or permit it to be operated to propel or town 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 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 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 current driver's licence appropriate for the vehicle.

Return of the Vehicle

(i) A relocation fee will be applicable to any vehicle being left at any other agent or business address or any other place other than the address from which the vehicle was hired and all charges to reposition the vehicle to its original business address shall be chargeable, and, or any hire shorter than the specified return date may have its daily rate adjusted according to the length of hire - this will be done at the discretion of the owner/operator.
(j) The Hirer shall return the vehicle in the same clean and tidy condition at the expiry of the term of hire or a surcharge for cleaning may be imposed upon the Hirer for such cleaning. No refund can be made until a vehicle has been cleaned and inspected for any damage.

Immediate return of Vehicle where default or damage

37. 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 this Agreement, or if the vehicle is damaged. The termination of the hire 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.

Supplementary notes to Hirer

(a) 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 traffic officer.
(b) To amend any part of your booking authority must be received from the Central Reservations office. All amendments are subject to availability and are at the discretion of the Owner.

NB: This information is provided for informational purposes only and is subject to change.