Terms and Conditions of Hire - New Zealand 4WD Hire
An agreement made between the Owner and the Hirer whose particulars are entered overleaf. It is agreed as follows:
Vehicle Description
1. A The owner will let and the hirer will take on hire the motor vehicle described overleaf, hereinafter referred to as the vehicle.
Duration of Hire
2. (a) The term of hire shall be for the period as described overleaf and herein.
(b) 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.
(c) Should the hirer terminate the hire before the stated date and time, the stated rate and term will be amended a the sole discretion of the owner.
Persons who may drive Vehicle
3. (a) The vehicle may be driven during the period of hire only by the hirer and persons named on the front of this form and only if they hold a current driver's licence appropriate for the vehicle at the time when they are driving the vehicle.
(b) If the need arises, consent is given to the owner to check validity and currency of any drivers licence used in connection with this agreement - as applicable.
(c) When the hirer is a Body Corporate, then they shall ensure all drivers have a valid drivers licence for the currency of any hirer.
Payments by Hirer
4. (a) The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire a hire charge at the rate referred to overleaf in 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.
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 disclosed on your booking confirmation for any hire less than 5 days or when included kilometers are exceeded on Diesel vehicles or as per rental contract.
7. The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
8. Any sum received by the owner from or on behalf of the hirer 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 this 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. All payments due by the hirer can be collected as agreed by hirer elsewhere in this agreement or from the C1 form or by Email Confirmation.
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. Punctures and tyre repairs are the hirer’s responsibility.
10. (a) 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.
(b) The hirer shall also be liable for any parking, road tolls or traffic infringement and will supply relevant details as required by the Police and/or the owner relating to any such parking, road tolls or traffic infringement and offences, impoundment, towage and storage.
Insurance
11. 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 $1,000,000 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
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 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 of ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
(c) The vehicle is operated in any race, speed test, pace notes, rally, or contest, or on any closed road or non-public roadway;
(d) 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;
(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 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 willful or reckless behavior of the hirer or any such person, or the vehicle has been damaged from an incident where no other vehicle has been involved. Where another vehicle has been involved full details of the other vehicle must be obtained along with a Police report or infringement notice;
(g) The vehicle is operated on any of the following roads; Ball Hut, Mt. Cook; Skippers Canyon Rd, Queenstown; 90 Mile Beach, Northland; or any prohibited area from any sealed or unsealed public road way;
(h) The vehicle 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 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 agreement.
(a) The Hirer agrees that where this Agreement is entered into for the purposes of a business then the Consumer Guarantees Act 1993 shall not apply to the vehicle hireage arrangement and subject to the expressly stated provisions of this Agreement, the Owner shall not be liable for any consequential loss or any other indirect loss arising from the hire of the vehicle.
(b) Subject to subparagraph (a) hereof, nothing in this Agreement limits or restricts any other statutory right or remedy available to the Hirer under the Consumer Guarantees Act 1993.
Hirer's Liability
The hirer acknowledges that he is liable for damages or loss to the extent indicated under the heading 'Hirer's Liability' on the front of this Agreement.
N.B. The excess applied (GST inclusive) shall be for each and every claim. Window glass damage or breakage also carries a separate excess. Such amounts will be collected as part of the total amount due under this agreement. In the case of single vehicle damage, the hirer will be responsible for payment of such cost of repair. Any damage to the undercarriage and / or overhead damage while off road is at the hirers cost even when CDR (Collision Damage Reduction) has been elected.
Rejection of Insurance
12. If insurance is rejected the hirer accepts by his signature on the front of this Agreement 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 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 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 person or property.
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
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.
N.B. By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer. Punctures and tyre repairs or replacement are the hirer’s responsibility. Please notify the owner prior to any repair is under taken.
Mechanical Repairs and Accidents
15. 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.
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 damage to the vehicle or to 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 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 for 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 without his authority and then only by an authorised driver named on the front of 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 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 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.
(i) In no circumstances, on beaches or through streams, dams, rivers, or flood waters; that are not public access roads except for those excluded nor any roadway where the Police or any other Government authority has issued a warning or caution.
Return of the Vehicle
20. (a) 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.
(b) 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.
(c) 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 collection. The hirer will be responsible for the vehicle up until this time of termination, inspection, and collection.
Immediate return of Vehicle where default or damage
21. 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.
Please note: This agreement may vary from time to time.
Deposit, Cancellation and Refund Policy
Our policy for accepting deposits, cancellations and processing refunds is as follows:
1. After the hire has commenced then as per the Terms and Conditions of Hire (the Rental Agreement).
The following also applies and is to be read in conjunction with the Terms and Conditions of Hire and is detailed fully below:
(a) In the event of an accident there is NO OBLIGATION to either supply.
Another vehicle or provide a refund for the balance of the hire term. Providing a replacement vehicle is entirely at the branches discretion, But if the accident is not the hirers or nominated drivers fault then we may provide a replacement (subject to bookings), again this is at our discretion.
(b) In the event that the hirer wishes to terminate early. There is NO OBLIGATION to provide a refund for the balance of the hire period. However, a refund may be provided in the event of "extenuating circumstances or on compassionate grounds".
2. If a deposit (10%) has been taken, then the following will apply:
(a) Cancellation within twenty one (21) days of the hire commencing, NO REFUND.
(b) Cancellation prior to twenty one (21) days of the hire commencing, FULL REFUND.
The only EXCEPTION is that within (a) a full or partial refund may be granted solely at the branches discretion BUT ONLY in the event of "extenuating circumstances or on compassionate grounds".
3. Cancellation advice MUST be received by us in writing (includes emails). A response WILL be sent to you confirming cancellation of the hire and where applicable details of any charges made under this policy.
4. In the event of a "No-Show" following a confirmed booking being made and taken without a deposit being taken, then the equivalent of 10% of the hire value may be taken or One Days hire value whichever is the greater amount.
Contact us if you have any questions.