RENTAL VEHICLE AGREEMENT
This is the agreement made between the owner and the hirer, acknowledged and agreed as follows:
Vehicle description and term of hire
1. The operator will let and the hirer will take the motor vehicle, details of which are set out on page 1 of this agreement (“the vehicle”), for the term of hire as described in this agreement.
Persons who may drive the vehicle
2. The vehicle may be driven during the term of hire only by the persons named or described in this agreement and only if each person holds a current full driver’s licence appropriate for the class of vehicle in this agreement. The licence details are recorded in the agreement alongside each person’s name and address.
Payments by the Hirer
3. The hirer shall pay the operator for the hire of the vehicle the sum or sums specified in this agreement.
4. In addition to the payment specified in clause 3 above, the hirer acknowledges that s/he shall be liable at the end of the hire period to pay the operator any applicable additional charges payable at the end of the term. These include charges for additional distance driven, fuel, RUC, late return, damage to or repair of the vehicle (subject to the other terms of this agreement), any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees (see clauses 20 and 21) and the administration costs relating to these fines and fees, and toll charges. The operator will deduct such charges from the hirer’s credit card during or after the term of hire is competed, or the hirer may pay such charges as agreed with the operator, such choice to be at the operator’s sole discretion.
Use of the vehicle
5. The hirer shall not:
a. use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the operator’s knowledge for use in a passenger service licensed under Part 4A of the Land Transport Act 1998 (“the Act”);
b. sublet or hire the vehicle to any other person;
c. allow the vehicle to be used outside his/her authority;
d. operate the vehicle or allow it to be operated in circumstances that constitute an offence against any of Sections 56, 57 and 58 of the Act;
e. operate the vehicle or allow it to be operated in any race, speed test, rally or contest;
f. operate the vehicle or allow it to be operated in breach of the Act, the Transport Act 1962, the Land Transport (Road User) Rule 2004, or any other Act, regulations, rules or bylaws relating to road traffic;
g. operate the vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or RUC certificate, whichever is the lesser for the vehicle;
h. drive or allow the vehicle to be driven by any other person if at the time of driving the vehicle the driver does not hold a current driver’s license appropriate for the vehicle;
i. drive or allow the vehicle to be driven on any roads excluded in clause 17(h) of this agreement, or on any beach, driveway, or surface likely damage the vehicle; or
j. allow the vehicle to be driven by any person who is not named or described in this agreement as a person permitted to drive the vehicle. Hirer’s obligations
6. The hirer shall ensure that:
a. all reasonable care is taken when driving and parking the vehicle;
b. the water in the vehicle’s radiator and battery are maintained at the proper level;
c. the oil in the vehicle is maintained at the proper level;
d. the tyres are maintained at their proper pressure;
e. the vehicle is locked and secure at all times when it is not in use;
f. the distance recorder or speedometer are not interfered with;
g. no part of the engine, transmission, braking or suspension systems are interfered with;
h. should a warning light be illuminated or the hirer believe the vehicle requires mechanical attention, s/he stops driving and advises the operator immediately.
i. Upon return of the vehicle, the fuel tank is filled to an amount equivalent to the amount of fuel in the fuel tank at the commencement of the hire. If this obligation is not me, the hirer shall be charged for the difference in the amount of fuel pre and post-hire, plus an additional $20 administration fee.
Operator’s obligations
7. The operator shall supply the vehicle in a safe and road worthy condition, up to current Certificate of Fitness standards.
Mechanical repairs and accidents8. If the vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the hirer shall notify the operator of the full circumstances immediately.
9. The hirer shall not arrange or undertake any repairs or salvage without the operator’s authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
10.If the vehicle requires repair or replacement the hirer shall call AA Assistance (*222), and contact the operator on 0800 734 543. The vehicle may be replaced, however the operator reserves the right not to provide a replacement vehicle in the event of an accident.
Return of vehicle
11.The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the operator or to the operator’s agent’s place of business as shown on the front of this agreement, or obtain the operator’s consent to the continuation of the hire (in which case the hirer shall pay additional hire charges for the extended term of hire). If the hirer does not comply with this clause 11, the hirer shall be liable for charges for the late return of the vehicle.
Liability12.The hirer is liable for:
a. any loss of, or damage to, the vehicle and its accessories;
b. any consequential damage, loss or costs incurred by the operator, including salvage costs, loss of ability to re-hire and loss of revenue; and
c. any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.
Insurance13.The hirer is advised that motor vehicle insurance must be offered by the operator, but the hirer can make his/her own insurance arrangements, provided they are approved by the operator. If the operator is not satisfied that the hirer’s insurance is comparable to the operator’s, the operator may decline to hire the vehicle.
14.If the hirer elects to use the operator’s insurance, any driver named in this agreement as a person permitted to drive the vehicle is, subject to clause 17 and the excess payable by the hirer as set out in clause 16, covered against the losses set out in clause 12. This clause does not apply if the hirer rejects the operator’s insurance.
15.In the event the driver is charged with an infringement/ offence as a result of an accident, the Hirer’s liability is increased to the replacement cost of the vehicle, or a minimum of $4,000
16.The hirer is liable in respect of the damage or loss referred to in the insurance cover shown over (including when the Insurance Cover clause has been taken) unless the vehicle is driven in a careless or reckless or dangerous manner the hirer is liable for the first $2,500 (Car Category) and $3,500 (Van and Minibus Categories) of Damage or loss. Any incident that breaches the owner’s insurance cover, the hirer agrees they are liable for all costs obtained. Any authorised driver under the age of 21 years cannot be eligible for the Personal, Basic, Plus or Premium Insurance Cover. For the Car Category, when the Personal Insurance Cover is taken, the hirer is liable for $2,500 when a single-vehicle accident occurs. For Van, Minibus, single-vehicle accident fees will apply as follows: When Plus Insurance Cover is taken the fee is $1,000 when Basic Insurance Cover is taken the fee is $2,000 and when the Personal Insurance Cover is taken the fee is $3,500.
The hirer aged from 18 to 21 is liable in respect of the damage or loss referred to in the insurance cover shown over (including when the Insurance Cover clause has been taken) unless the vehicle is driven in a careless or reckless or dangerous manner the hirer is liable for the first $4,000 (Car, Van, Minibus Category).
PLEASE NOTE - Insurance Cover Exclusions apply as follow: Vehicle rollover, water damage due to submersion, overhead/roof (anything above windscreen/window line) and underbody damages. The Hirer will be fully liable for any damage and other costs obtained.
17.The hirer acknowledges that the cover referred to in clause 14 will not apply at any time when:
a. the driver of the vehicle is under the influence of alcohol or any drug;
b. the vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the hirer or driver was aware or should have been aware of the unsafe or unroadworthy condition of the vehicle;
c. the vehicle is driven in any race, speed test, rally or contest;
d. the vehicle is driven by anyone not named or described in this agreement as a person permitted to drive the vehicle;
e. the vehicle is driven by an unlicensed person;
f. the vehicle is wilfully or recklessly damaged or lost by the hirer, a nominated driver, or a person under the hirer’s authority or control;
g. the driver commits a traffic offence while driving the vehicle;
h. the vehicle was being driven on any roads that are not tar sealed, or
i. the vehicle was operated beyond the term of this agreement or any agreed extension if the term.
18.It is agreed between the hirer and the operator that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if clauses 13 to 17 constitute a contract of insurance.
Hirer uses his/her own insurance19.If the hirer elects to use his/her own insurance s/he accept all liability for all losses, costs and damages set out in clause 12(a) to (c), and agrees that clause 14 does not apply to such losses, costs and damages.
Traffic offences20.The hirer is advised that Section 9.5(1) of the Land Transport Rule: Operator Licensing 2007 permits the operator to debit the hirer’s credit card for any infringement fee for an offence where the offence was committed during the period of hire and:
a. was a speeding offence, a toll offence or an offence in respect of failure to comply with the directions given by a traffic signal where that offence was detected by approved vehicle surveillance equipment; or
b. an offence for parking in any portion of a road in breach of any bylaw or a road controlling authority or an offence against Part 6 of the Land Transport (Road User) Rule 2004. The operator may also charge an administration fee of $50 in addition to the infringement fee.
21.The operator will send the hirer a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the operator. The hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority, and 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).
Cancellation of Hire Agreement22. The rental service operator or the hirer may cancel the hire agreement if: The rental service operator shall have the right to terminate the hire agreement and take immediate possession of the vehicle if the hirer fails to comply with any of the terms and conditions set out in this agreement. Termination of the hire under the authority of this clause shall be without prejudice to the other rights of the rental service operator and rights of the hirer under this agreement or otherwise.
23. If the agreement is cancelled the rental service operator and the hirer must:
(Note: If the vehicle is being used for a transport service, the Transport Service Licence must be displayed on the vehicle at all times. A transport service is a goods service, a passenger service or a vehicle recovery service. Examples of a transport service include: the operation of a truck with a GMV of 6000 kilograms or more, or the operation of a motor vehicle that is carrying passengers for hire or reward. Please ensure that the Transport Service Licence Number is written onto each copy of the rental agreement if so required.)