An agreement made between the owner and the hirer whose particulars are entered in this agreement. It is hereby agreed as follows:
VEHICLE OF HIRE:
1.The owner will let and the hirer will take on hire the motor vehicle described in this agreement.
DURATION OF HIRE:
2.The term of hire shall be for the period as described in this agreement.
PERSONS WHO MAY DRIVE VEHICLE:
3.The vehicle may be driven during the period of hire only by the persons described in this agreement and only if each such person holds a current driver′s licence (particulars of which are given alongside his/her name and address) appropriate for the vehicle at the time when they are driving the vehicle.
PAYMENTS BY HIRER:
4.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 the sum as specified in this agreement.
5.In addition to the payment referred to in clause 4 of this agreement, the hirer shall pay to the owner the sum specified in this agreement for the insurance cover set out in clause 10 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 referred to in this agreement.
7.The hirer shall pay for all petrol or other fuel used in the vehicle during the period of hire.
8.Payment by Amex card attracts a 3% fee (the additional fee charged by Amex over other cards) and cannot be paid for online.
8.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.
9.If there is a defect or mechanical failure of the vehicle during the hire, the Hirer must cease using the vehicle and notify the Owner at the earliest opportunity within 12 hours. If the Hirer fails to notify the Owner within this time then the Hirer waivers the Owners obligations to investigate the issue. This may result in the Hirer firstly forfeiting their bond and secondly being liable for any resulting damage above the value of their bond.
10.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/she might have to the owner in respect of the loss of 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 (as per agreement options…) in respect of any liability he/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 when:
(a)The driver of the vehicle is under the influence of alcohol or any drug that affects his/her 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 or ought to have been aware of the unsafe or unroadworthy condition of the vehicle;
(c)The vehicle is operated in any race, speed test, rally or contest;
(d)The hirer is not a body corporate or Department of State and the vehicle is driven by any person not named in clause 3 of the agreement;
(e)The vehicle is driven by any person who at the time when he/she drives the vehicle is disqualified from holding or has never held a driver′s licence appropriate for the vehicle;
(f)The vehicle is wilfully or recklessly damaged by that hirer or any other person named in clause 3of the agreement 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;
(g)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.
REJECTION OF INSURANCE:
11.The hirer accepts that the vehicle is hired to him/her at his/her risk in respect of loss of or damaged to the vehicle and consequential loss by the owner. The hirer accepts that he/she may be liable to the owner for any loss of or damage to the vehicle and consequential loss.
12.The owner shall supply the vehicle in a safe and roadworthy condition.
13.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.
NOTE: 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.
MECHANICAL REPAIRS AND ACCIDENTS:
14.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 practicable.
15.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. No compensation will be paid for other than the unused portion of the rental in the event of a breakdown.
16.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 THE VEHICLE:
17.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 licenced under Part 1 of the Transport Services Licensing Act 1989.
18.The hirer shall not:
(a)Sublet or hire the vehicle to any other person;
(b)Permit the vehicle to be operated outside his/her authority;
(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 drug);
(d)Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest;
(e)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 to road traffic;
(f)Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more then the weight of goods specified in the certificate of loading for the vehicle;
(g)Driver or permit the vehicle to be driven by any person if at the time of driving the vehicle, the hirer or other person is not the holder of a current driver′s licence appropriate for the vehicle.
(h)Drive the vehicle on any beach, driveway or other surface likely to cause damage to the vehicle.
RETURN OF VEHICLE:
19.The hirer shall, at or before the expiry of term of hire, deliver the vehicle to the owner′s place of business or the owner′s agent at the agent′s place of business, or obtain the owner′s consent to the continuation of hire.The hirer shall return the vehicle in a clean and tidy condition. The hirer accepts that he/she maybe liable to the owner for any cost incurred for grooming the vehicle if the hirer fails to return the vehicle in a reasonably tidy condition. There is a minimum $100 grooming fee.
BASE TO BASE RENTALS:
20.All of our Rates are based on pick up from & return to our depot in Auckland. One way hires are available subject to vehicle availability – however you must check rates & availability using our booking enquiry form.
21.All drivers must hold a full driver’s licence and be over the age of 20. A current overseas, New Zealand or International license is required from all drivers. Overseas licenses not in English must have a translation document. At NZDCR’s discretion a holder of a license for less than two years may be acceptable but will attract a higher insurance excess.
TERM OF RENTAL:
22.Minimum rental is as specified on the booking system. Early returns on specials are not refundable, other early returns are refundable at the sole discretion of NZDCR. Late returns are charged at 1/2 of the daily rate up to four hours and a full day thereafter. Payment is made at the commencement of hire by either cash, credit card or NZ travellers cheques. A bond is always required which will be way of a separate Credit Card imprint or a cash deposit. Early returns and cancellations may incur an extra days rental as penalty.
INSURANCE & EXTRA DRIVERS:
23.All vehicles are comprehensively insured, however an excess applies in the event of a claim. Payment of an accident damage waiver (ADW) reduces insurance excess to amounts as selected on the agreement.
Extra drivers incur an additional charge of $2/day per driver.
24.NZ Goods and Services Tax (GST) is included in all rental rates.
CHILD BOOSTER SEATS, BABY SEATS,CHAINS, GPS & ROOF RACKS:
25.These can be hired form our Rental Base. In the case of children under 5 years the use of an approved child seat is now compulsory under NZ law. To ensure availability please request when booking.
RENTAL PICK UP AND DROP OFF CHARGE:
26.For rental pick up and drop off from airport, there is no charge during business hours. Any airport pick up and drop off after business hours incurs an extra fee for each drop off and/or pickup, please contact us for details.
27.To guarantee the correct vehicle is ready for you, it is best to make a “secured booking” which will involve you providing your credit card details (not used until your arrival).
28.In the event of a secured booking not proceeding we reserve the right to take a 3 day rental penalty from your card.
TRAFFIC INFRINGEMENT FINES, UNPAID TOLLS & PETROL SHORTAGES
29.The hirer is liable for all infringement offences committed during the period of hire, including but not limited to, any fines or charges for traffic offences, including for speeding offences, a failure to comply with directions given by a traffic signal, toll offences, parking offences and freedom camping offences.
The hirer is advised that, under New Zealand law, the owner is authorised to debit the hirer’s credit card for fines related to all speeding offences, failure to comply with directions given by a traffic signal, toll offences, parking offences and freedom camping offences committed during the period of hire. In the event that the owner receives notice(s) of an infringement fine(s), the owner may either (at its discretion):
• transfer that infringement fine(s) into the hirer’s name and charge the hirer an administration fee for each infringement incurred (of $50 including GST) for costs associated with the process; or
• debit the hirer’s credit card for the amount of the infringement fine(s) and an administration fee for each infringement incurred (of $50 including GST) for costs associated with the process. The hirer is hereby notified that, if the owner proposes to debit the hirer’s credit card for an infringement fine(s):
• the owner undertakes to send (or have sent) to the hirer, including by email to the address set out above, a copy of the relevant infringement notice and any reminder notice as soon as practicable after it is received by the owner; • the hirer has the right to challenge, complain about, query or object to the alleged offence to the authority that issues the infringement notice;
• the hirer has the right to seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice); and • the hirer has the right to dispute the matter with the credit card issuer.
The administration of the transfer of liability or recovery of infringement fines and charges,debiting of administration fees and related processes by the owner may be undertaken by VMS (New Zealand) Limited and its related entities as agent for and on behalf of the owner. By signing this agreement, the hirer acknowledges notification of the terms and conditions above and accompanying this document.
Other Fees:Damage to GPS unit hired may attract a charge of up to $300, damage or stains on baby seats may attract a $100 charge each; Missing hubcap will incur a fee of $30.
OFF SITE PICK UP/DROP OFF
30.If an Off Site Pick Up/Drop is arranged The Hirer acknowledges that they have understood the Off site Pick Up/Drop Off Conditions specifically that it is the responsibility of the hirer to check the vehicle on pick up and report at the first opportunity (within 12 hours) any damage not marked on the rental agreement. Failure to do so will negate the Hirer’s right to claim the damage already existed. The rental agreement must be signed where highlighted & faxed back to NZDCR within 12 hours.
Please note if you live within a 150kms radius of the office you are collecting the vehicle from you must bring two (2) forms of ID. This can include your drivers licence as long as it has your current address, plus a phone bill, electricity bill or bank statement. If your drivers licence does not have your current address you are required to bring three (3) forms of ID – two (2) of these must have the same current address. If you cannot provide this NZ Discount Car Rentals cannot rent you a vehicle.