- The Hirer shall ensure that:
- The water in the radiator and the battery of the vehicle is maintained at the proper level.
- The oil in the vehicle is maintained at the proper level.
- The tyres of the vehicle are maintained at the proper pressure.
- 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.
- The hirer agrees to receive information via given email pertaining to their booking, this may include My Booking information and upgrade options.
- In the event that the hirer does not pay any monies due for rental or any other charges. The costs for collecting the outstanding debt will be borne by the hirer.
- By completing a booking, submitting your email address or clicking “subscribe” on any email capture box or form, you are agreeing to receive email communication and or marketing which we may send prior to your pickup date as well as during and after your hire. We reserve the right to provide you with certain information and offers relevant to your reservation, destination or to our services.
- In order to complete and secure your reservation, as well as provide pickup and drop off instructions, we will need to contact you via a correct email address that you will need to provide. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelt email address or other contact details.
- By providing your personal data to us, you consent to our use and disclosure of your data for our operational as well as marketing purposes. We would like to use your personal data for our marketing purposes, you can choose to “opt out” of these uses by clicking “unsubscribe” at the bottom of any email we send to you or contacting us directly via contact details on our “Contact Us” web page. We may use your personal data to communicate with you regarding reservations you initiate or a rental transaction, or for marketing purposes and information pertaining to an abandoned reservation, or for marketing purposes after subscribing on our website. We may aggregate your personal data and use it to develop marketing programs and service offerings that we believe may be of interest to you. We would like to send these to you by email, by text message or by mail.
B. Owner’s Obligations
- The Owner shall supply the vehicle in a safe and roadworthy condition.
- The Owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except when, by the terms of this agreement, those costs are payable by the Hirer.
C. Mechanical Repairs and Accidents
- If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advise the owner of the full circumstances by telephone as soon as possible.
- The Hirer shall not 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 other property.
- The Hirer shall ensure that no person shall interfere with the distance recorded or speedometer or except in an emergency, any part of the engine, transmission, braking or suspension system of the vehicle.
D. Use of the Vehicle
- The Hirer shall not 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 the Transport Services Licensing Act 1989.
- The driver of the vehicle must carry a valid driver licence at all times. If your driver licence is not in English you must carry a translation from an approved translator.
- The Hirer shall not:
- Sublet or hire the vehicle to any person;
- Permit the vehicle to be operated without his or her authority;
- 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 operate under the influence of any drink or drug);
- Operate the vehicle or permit it to be operated in any race, speed test, rally or contest;
- Operate the vehicle or permit it to be operated to tow or propel any other vehicle;
- Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulation 1976 or any other Act, regulations or bylaws relating to road traffic;
- 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 the goods specified in the certificate of the loading if the vehicle;
- Drive or permit the vehicle to be driven by any other person if at the time of driving the vehicle the Hirer of the vehicle is not the holder of the current full drivers licence appropriate for the vehicle.
- Smoke in the rental car. There is a no-smoking policy in all our vehicles. A $75.00 Grooming Fee will be charged if the hirer is in breach of the policy.
Where damage of the vehicle is caused by the breach of clause D the hirer shall be responsible for the full cost of repair notwithstanding that collision damage waiver may have been purchased.
E. Return of the Vehicle
- The Hirer shall ensure that:
- The Hirer shall on or before the expiry of the term of hire, deliver the vehicle to the location specified in this agreement, or obtain the Owner’s consent to the continuation of the hire.
- If the vehicle is returned and it is in our opinion that it is extensively dirty outside or inside, then a $150 cleaning fee will be charged.
- If the vehicle is returned more than one hour after the due date and time, it will be deemed to be hired for at least an additional day and will be charged accordingly.
F. Immediate Return of Vehicle Where Default or Damaged
- 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 the agreement, or if the vehicle is damaged. The termination of the hire under this clause shall be without prejudice to other rights of the Owner and the rights of the Hirer under this agreement or otherwise.
G. Insurance Conditions
- 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 or she might have to the Owner in respect of the loss or damage of the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the Owner, including towage and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusion set out below, the Hirer, and any driver authorised to drive the vehicle, is indemnified to the extent of $1,000,000 in respect of any 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.
- A security bond equal to the applicable excess will be held.
H. Exclusion to Insurance Cover
- The indemnities referred to above shall not apply where the damage, injury or loss arises when:
- The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle.
- 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.
- The vehicle is operated in any race, speed test, rally or contest.
- The vehicle is driven by any person not named in clause 3 of the rental agreement;
- The vehicle is driven by a person who at the time when he or she drives the vehicle is disqualified from holding or has never held a driver’s licence appropriate for the vehicle.
- The vehicle is wilfully or recklessly damaged by the Hirer or any other person named in clause 3 of this agreement or driving the vehicle under the authority of the hirer, or is lost as a result of the willful and reckless behaviour of the Hirer or any such person;
- The vehicle is operated outside the term of the hire or any agreed extension of the term;
- The vehicle is operated in breach of clause G of this agreement;
- In the event that the driver is charged with an offence as a result of an accident, the hirer’s liability is increased by $10,000
- The vehicle is operated on any of the following roads: Skipper Canyon, any beaches.
- It is agreed between the owner and the Hirer that section 11 of the Insurance Law Reform Act 1977 shall apply to the above as if this clause constituted a contract of Insurance. The general effect of this provision is that exclusion will not apply if the hirer proves on the balance of probability that the damage was not caused or constituted to by the matters to which the exclusion applies.
I. Replacement of the Vehicle
- In the event of an accident, no refund of unused hire will be made. Provision of a replacement vehicle is at owner’s discretion.
- Broken windscreens, punctures and damaged tyres are at the cost of the hirer.
- Where vehicles are fitted with radio; radio/cassette players, air con and any other accessories, these are supplied ‘gratis’ and do not form any part of any Rental Contract unless specifically stated.
J. Traffic Infringements
- The Hirer is required to abide by the laws that govern New Zealand road users. Any traffic infringements will be charged to the Hirer as well as a $40.00 administration fee.
K. AA Roadside Assistance
- There is no charge for AA Roadside Assistance for mechanical breakdowns or problems.
- There will be a charge for service, plus parts if required, for AA Call Outs relating to Flat Batteries, Lost Keys, Fuel, Wheels and Tyres.
- For AA roadside assistance call 0800 500 222.
L. Cancellation Policy
- While there is no additional charge for cancellation all deposits paid at the time of booking are non-refundable.
- Your personal information is held confidentially and securely. We will not sell any information to third parties. All Credit Card information is handled and secured by DPS.