Far North Rentals Terms & Conditions for vehicle hire

These general terms and conditions together with the specific terms set out overleaf* form an agreement between operator and hirer. The hirer agrees to be bound by and accepts the terms and conditions of hire as set out in this agreement and acknowledges and declares that he or she is, and any driver of the vehicle will be, of the age of 21 years, or over, and has read and fully understands this agreement.

The Vehicle

1.     The operator will let, and the hirer will take on hire, the vehicle described overleaf.

Term of Hire

2.  The term of hire for the vehicle will be for the time period described overleaf*.

3.  The hirer will, at or before the end of the term of hire, deliver the vehicle to such place as agreed in writing with the operator or obtain the operator’s consent to the continuation of hire.

4.  The operator will not consider the vehicle returned to it, and the hire term at an end, until the hirer returns the keys for the vehicle to the same depot as the vehicle was returned to.

Authorised Drivers

5.  The vehicle may be driven during the period of hire only by the hirer and any persons described as the driver overleaf* or in an authorised drivers list attached to the agreement and only if they hold a current drivers licence appropriate for the vehicle at the time and when they are driving the vehicle.

Hire Charges

6.  The hirer will pay to the operator for the term of hire referred to in this agreement, the hire charges for the vehicle at the rate including GST described overleaf* together with any additional charges described in this agreement.

7.  Each hire day will consist of a consecutive 24 hour period starting at the hire start time described overleaf*. The minimum hire period is for one day (24 consecutive hours).

8.  The hirer must return the vehicle by the end time on the hire end date described overleaf* or they will be liable to pay the hire charge for each additional day of hire of the vehicle. An additional day will be calculated from the hire start time to the hire end date after allowing for a grace period of 1 hour.

9.  If the hirer returns the vehicle prior to the hire end time the hirer will remain liable to pay the hire charge for each day the hirer has agreed to hire the vehicle as set out overleaf*.

10.  The hirer must comply with all restrictions applicable to special hire rates or they will be liable to pay the standard rental rate charged by the operator for the vehicle for the term of hire.

11.  The hirer will pay for all petrol or other fuel (but not oil) used in the vehicle during the term of hire. If the hirer chooses not to refuel the car prior to completion, the hirer will refuel the vehicle and charge the hirer for such fuel at the rate described overleaf*

12.  The hirer will pay all road tolls charged for the vehicle for the term of hire.

13.  The hirer will be liable for the cost of replacing any key not returned with the vehicle or any replacement key provided to the hirer (including the cost of any courier or delivery charges)

14.  All cars are non smoking, the hirer will be liable for the full cost of deodorising if required.

Hirers Liability for Cleaning Charges

15.  If the vehicle is returned in an excessively dirty condition that requires extraordinary cleaning or deodorising the hirer is absolutely liable for the full cost of this cleaning or repair and any subsequent loss of use of vehicle. Such charges include but are not limited to cleaning of:

1. Spillage of fluids such as drinks, milk, oil, paint etc
2. Perishable food
3. Removal of hair, stains & odours due to animals in the vehicle
4. Fish & associated smells
5. Sand
6. Vomit
7. Cigarette/cigar smoke smells

Hirers Obligations and Restrictions

16.  The operator will supply the vehicle in a safe & roadworthy condition and will be responsible for all costs of running the vehicle during the term of hire except to the extent that those costs are payable by the hirer under this agreement.

17.  The hirer will ensure that all reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.

18.  The hirer will not drive the vehicle off road or on any of the roads listed in clause 29(i) below. For the purpose of this clause 16 and clause 29(i) “off road” will include, but not be limited to, any beach, dirt track or river bed.

19.  The hirer will ensure the water in the radiator and the oil & coolant are maintained at the proper level, and that the tyres are maintained at the proper pressure.

20.  If any warning light in the vehicle is activated, the hirer must refer to the operators’ manual in the glove box of the vehicle and follow the instructions, or if the hirer is unable to solve the problem, they must phone the operator.

21.  If the vehicle is damaged in any way the hirer must, as soon as practicable, advise the operator.

Accidents and Vehicle Repairs

22.  Where there is an accident involving the vehicle or the vehicle breaks down or needs repair, the hirer must telephone and follow the operators’ instructions with respect to the vehicle.

23.  Subject to clause 23, where there is an accident involving the vehicle or the vehicle breaks down or needs repair, the operator will provide a replacement hire vehicle (which may not be the same make or class as the vehicle) to the hirer within a reasonable time frame, taking into account the availability of other rental vehicles and the location of the hirer. The operator may, at its sole discretion and without incurring any liability to the hirer, elect not to provide a replacement vehicle to the hirer and cancel this agreement in accordance with clause 32.

24.  The hirer will not arrange or undertake any repairs or salvage without the authority of the operator except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.

25.  The hirer will ensure that no person will interfere with the distance recorder or speedometer or, except in any emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.

Insurance Cover

26.  Insurance cover is provided by the operator for the vehicle but the hirer may make his or her own insurance arrangements provided that they are approved by the operator. If the operator is not satisfied that the hirer’s insurance arrangements are comparable with the operator’s insurance cover, the operator may decline to hire the vehicle.

27.  The operator’s insurance cover is included in the hire charge. The hirer may purchase accident reduction insurance to cover the excess payable by the hirer under the operator’s insurance cover. If the hirer elects to purchase the operator’s AER cover they will pay the daily rate described overleaf* for the term of hire.

28.  The hirer acknowledges that unless they have taken the operator’s cover, they will be liable for all damage, loss or costs referred to above up to the sum shown overleaf*.

29.  The operator’s insurance cover referred to in clause 25 above will not apply when:

(a)  the driver of the vehicle is under the influence of alcohol or any drug that affects their ability to drive the vehicle.

(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 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 or any practice run prior to such an event.

(d) the hirer is not a body corporate or government department and the vehicle is driven by any person other than the hirer or any other person named in this agreement on the authorised drivers list.

(e)  the vehicle is driven by any other person who at the time they drive the vehicle is disqualified from holding a driver’s licence appropriate for that vehicle or is otherwise and unlicensed person.

(f)  the vehicle is wilfully or recklessly damaged by the hirer or any other person described as the driver overleaf* or in an authorised drivers list, or driving the vehicle under the authority of the hirer, or is lost as the result of the wilful or reckless behaviour of the hirer or any such person.

(g)  the vehicle is operated outside the terms of this agreement.

(h)  the driver is convicted of a traffic offence while driving the vehicle.

(i)   the vehicle is driven off road or on 90 Mile Beach Northland, Skippers Road, Queenstown, the road to Macetown in the Queenstown area, Tasman Valley Road, or Mt Cook,.

(j)  any type or grade of fuel or any other substance that is not specified as appropriate for the vehicle by the owner or the manufacturer of the vehicle is injected or placed into the fuel tank of the vehicle.

30.  It is agreed between the operator and the hirer that section 11 of the Insurance Law Reform Act 1977 will apply with respect to the above exclusions as if this clause constituted a contract of insurance.

31.  The hirer agrees that if any loss or damage is caused to the vehicle in any of the circumstances set out in clause 28, and the hirer allows the circumstances to arise or could reasonably have been expected to prevent it from arising, the hirer will be liable to the operator for any loss or damage to the vehicle, its accessories and spare parts, and for any consequential damage, loss or costs incurred by the operator as a result of the hirer hiring the vehicle, however that loss, cost or damage may have been caused.

Release and Indemnity

32.  If the hirer does not take the operator’s insurance cover, they accept all liability for any loss or damage to the vehicle, its accessories and spare parts, and for any consequential damage, loss or costs incurred by the operator as a result of the hirer hiring the vehicle, however that loss, cost or damage may have been caused.

33.  The hirer agrees to release and indemnify the operator from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the hirer may suffer or incur or become liable to as a result of the use or misuse of the vehicle.

Cancellation of Hire Agreement

34.  The operator will have the right to cancel the hire agreement 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.

35.  Cancellation of the hire agreement will be without prejudice to the rights and obligations of the operator and the hirer under this agreement or otherwise. In particular, the hirer will remain liable for all hire and additional charges payable under this agreement.

Hirer’s Liability for Use of Vehicle

36.  The hirer of a rental vehicle must not use or allow the vehicle to be used for the transport of passengers for hire or reward unless the vehicle is hired with the  knowledge of the rental service licence holder for use in a passenger service licensed under Part 4A of the Land Transport Act 1989 (Act) and

37.  The hirer of a rental service vehicle must not:

(a) sublet or hire the vehicle to any other person;

(b) allow the vehicle to be operated outside their authority;

(c) operate the vehicle, or allow it to be operated, in circumstances that constitute an offence against section 56, 57 or 58 of the Act;

(d) operate the vehicle or allow it to be operated in a race, speed test, rally or contest.

(e) operate the vehicle or allow it to be operated in breach of the Act, the Transport Act 1962, Land Transport (Road User) Rule 2004, or any other act, regulations, rules or bylaws relating to road traffic;

(f)  operate the vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the vehicle.

(g) drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current driver licence appropriate for the vehicle.

Hirers Liability for Infringement Fees

38.  The hirer is advised that New Zealand law permits the operator to debit the hirer’s credit card for any fines or charges for traffic offences committed during the term of hire. These include speeding offences, failure to comply with directions given by a traffic signal, toll offences and parking fines. The operator may also charge an administration fee in addition to the traffic offence charges.

39. The hirer is advised that should the operator decide to debit their credit card for a traffic infringement, the hire has the right to;

(a) receive a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the operator.

(b) challenge, complain about, query or object to the alleged offence to the authority that issues the infringement notice, 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 infringement notice or 28 days from the date of issue of the reminder notice); and

(c) dispute the matter with the credit card issuer.

40.  By signing this agreement, the hire acknowledges notification of the information ins clauses 37 and 38.

Note to Hirer

A copy of this agreement must be kept in the vehicle throughout the term of the hire and produced without delay for inspection on demand by an enforcement officer.

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