Terms and Conditions

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Vehicle description

1. The owner will let, and the hirer will take on hire, the motor vehicle described in this agreement on the reverse side.

Duration of hire

1. The term of hire shall be for the period as described in this agreement on the reverse side hereof.
2. Charges apply for late returns

Persons who may drive vehicle

1. The vehicle may be driven during the period of hire only by the persons described in this agreement on the reverse and only if each such person holds a current drivers license (particulars of which are given alongside his name and interests) appropriate for the vehicle at the time when they are driving the vehicle.

Payments by hirer

1. The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire referred to in this agreement the sum as specified in this agreement on the reverse.
2. In addition to the payment referred to in clause 5) of this agreement, the hirer shall pay to the owner the sum specified in this agreement for the insurance cover set out in clauses 17) - 18) of this agreement.
3. In addition to the payment specified in clause 5) of this agreement the Hirer shall pay to the owner on termination of hiring a distance charge at the rate referred to in this agreement on the reverse.
4. The hirer shall pay for petrol or fuel (but not oil) used in the vehicle during the period of hire.
5. The hirer shall pay such Additional Service Fees as may apply as follow:
1. Vehicle recovery.............................. Actual recovery costs + $100
2. Refueling (vehicle and / or cooker)................ Actual fuel cost + $35
3. Cleaning............................................................................ $150
4. Soiling (not emptying toilet and waste tanks)…………………………….$150
5. Traffic fine processing............................................... $50 per fine
6. Insurance claim processing...................................... $75 per claim
7. Vehicle damage.......................................... Actual damage + $100

                               (to the lesser of total fee or insurance excess)

1. Cancellation fees apply as follow:
1. No refunds are paid if the hire is terminated early
2. Late return fees apply as follow:
1. Gross daily rate per hour late
2. Vehicles more than 12 hours late are treated as stolen

Hirer's obligations

1. Contact the Owner immediately any problem is noticed.  (0800 435-433 free from any phone).  The Owner is not liable for any problem that is not reported promptly.
2. The hirer shall ensure that:
1. The water in the radiator and battery of the vehicle is maintained at the proper level.
2. The oil in the vehicle is maintained at the proper level.
3. The tyres are maintained at the proper pressure.
4. The correct fuel is used.
3. The hirer shall insure that all reasonable care is taken in handling and parking the vehicle
4. The hirer shall insure that the vehicle is left securely locked when not use.
5. The hirer is liable for the cost that might occur in relation with the above points

Insurance

1. Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle are 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.
2. Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle are indemnified to the extent of $750,000 in respect of any liability they might have for damage to any property (including injury to animal) belonging to any other person and arising out of the use of the vehicle.

Exclusions

1. The indemnities referred to above shall not apply where the damage, injury, or loss arises when:
1. The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle;
2. 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;
3. The vehicle is operated in any race, speed test, rally or contest
4. The hirer is not a body corporate or department of State and the vehicle is driven by any person not named in clause 4) of the agreement;
5. 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 drivers license appropriate for that vehicle;
6. The vehicle is willfully or recklessly damaged by the hirer or any other person named in clause 4) of the agreement 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;
7. The vehicle is operated on any of the following roads:  Ball Hutt Rd. (Mount Cook), Skippers Canyon Road, Beyond Te Anau Downs, Ninety Mile Beach (Northland), or any un-sealed and un-metalled road or any beach whatsoever.
8. The vehicle is operated outside the term of hire or any agreed extension of that term.
9. There is damage to, or theft of any courtesy accessories supplied with vehicle, such as camping equipment, roof racks, awning, fridge boxes, chilly bins, and child seats.  This also applies to the radio aerial (if fitted).
10. There is damage caused by water including (but not limited to)
1. Vehicle submersion;
2. Creek or river crossing;
3. Driving through low plain flooded areas;
4. Beach driving
2. Personal belongings are not covered.  We recommend the hirer does not leave valuables in the vehicle and that they take out personal insurance.
3. Costs of recovering a vehicle that has become bogged are not covered
1. It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1997 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.

Owner's obligations

1. The owner shall supply the vehicle in a safe and roadworthy condition.
2. The owner shall be responsible for all ordinary and extraordinary cost 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 9) 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

1. Contact the AA immediately any mechanical problem is noticed (0800 734-543 free from any phone). AA will charge the hirer $85 in case of a non mecanical breakdown such as flat battery, tire, wrong fuel, etc.
2. 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 (0800 435-433 free from any phone), facsimile or telegram as soon as practicable.
3. The hirer shall not arrange or undertake any repairs or salvage without the authority on the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
4. 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 on the vehicle.

Use of the vehicle

1. The hirer shall not use or permit the vehicle to be used for carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for used in passenger service licensed under Part VII of the Transport Act 1962 or exempted from licensing under that Act.
2. The hirer shall not:
1. Sublet or hire the vehicle to any other person;
2. Permit the vehicle to be operated outside his authority;
3. Operate the vehicle, or permitted to be operated, in circumstances that constitute an offense by the driver against section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with excess breath alcohol or under the influence of drink or drugs);
4. Operate the vehicle or permitted it to be operated in any race, speed test, rally or contest;
5. Operate the vehicle or permit it to be operated to propel or tow any other vehicle.
6. 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;
7. 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 a current drivers license appropriate for this vehicle.

Return of vehicle

1. The hirer shall, at or before the expiry of the 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 before 11 am on the return date, or obtain the owner’s consent to the continuation of hire.

Immediate return of vehicle with a fault or damage

1. 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