General Rental Car Information: Terms and Conditions

The Hirer’s Obligation

1. The Hirer shall ensure that:

1. The water in the radiator and the 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 of the vehicle are maintained at the proper pressure.

2. 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.

Owners Obligations

3. The Owner shall supply the vehicle in a safe and roadworthy condition.

4. The Owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire accept that by the terms of this agreement those cost are payable by the Hirer.

Note: The cost of petrol and other fuel (but not oil) used during the term of hire is the responsibility of the Hirer.

Mechanical Repairs and Accidents

5. If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advice the owner of the full circumstances by telephone as soon as possible.

6. 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.

7. 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, breaking or suspension system of the vehicle.

Use of the Vehicle

8. 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.

9. The Hirer shall not-

1. Sublet or hire the vehicle to any person;
2. Permit the vehicle to be operated without his or her authority;
3. Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence to the driver against section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with access breath or blood alcohol or operate under the influence of any drink or drug);
4. Operate the vehicle or permit it to be operated in any race, speed test, rally or contest;
5. Operate the vehicle or permit it to be operated to tow or propel any other vehicle;
6. 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;
7. 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;
8. 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.

Where damage of the vehicle is caused by the breach of clause 13 the hirer shall be responsible for the full cost of repair notwithstanding that collision damage waiver may have been purchased.

Return of the Vehicle

10. The Hirer shall ensure that:

1. The Hirer shall at or before the expiry of the term of hire, deliver the vehicle to the location specified in clause 2 of this agreement, or obtain the Owners consent to the continuation of the hire.
2. If the vehicle is returned and it is on our opinion that it is extensively dirty outside or inside, then a $50 cleaning fee will be charged.

Immediate Return of Vehicle Where Default or Damaged

11. The Owner shall have the right to terminate the hiring and take immediate pocession of the vehicle if the hirer fails to comply with any of the terms of 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.

Insurance Conditions

12. Subject to the exclusions set out below, the Hirer, and any driver authorised to drive the vehicle, is full 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 extend 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.

In the event of single car accident the excess is increased to NZD$ 2,500

Exclusion to Insurance Cover

13. 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 or her ability to drive the vehicle.
2. The vehicle is in an unsafe or unroadworthy condition that arouse 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 vehicle is driven by any person not named in clause 3 of the agreement;
5. 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.
6. 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 wilful and reckless behaviour of the Hirer or any such person;
7. The vehicle is operated outside the term of the hire or any agreed extension of the term;
8. The vehicle is operated in breach of clause 12 of this agreement;
9. 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
10. 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 an 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

Peronsal Baggage and Personal Accident Insurance Conditions

14. These insurance options are only provided when the Hirer has selected the Platinum Insurance options on this document and has paid the required fee. Personal Baggage and Personal Accident Insurances are subject to the terms, conditions and exclusions (for example, age limitations) contained in the Personal Baggage and Personal Accident Insurance Policies. You must take the time to familiarise yourself with the terms, conditions and exclusions by reading the policy wordings. Personal Baggage and Personal Accident Insurances are underwritten and administered by American Home Assurance Company (New Zealand Branch), a member of the American International Group Inc (AIG).
To view the policy wording for Personal Baggage Insurance click here (pdf)
To view the policy wording for Personal Accident Insurance click here (pdf)

Replacement of the Vehicle

15. In the event of an accident no refund of unused hire will be made. Provision of a replacement vehicle is at owner’s discretion.

16. Broken windscreen, punctures and damaged tyres are at the cost of hirer.

17. Where vehicles are fitted with radio; radio/cassette players, air con and any other accessories, these are supplier ‘gratis’ and do not form any part of any Rental Contract unless specifically stated.