Note that the following words, which reflect the intention of the Schedule 3 of the Operator Licensing Rule 2007, are intended to comprise the core of the rental agreement. The actual layout of the agreement is a separate matter. If any changes are to be made to the template agreement, the RVA strongly recommends seeking independent legal advice.

This document is an agreement made between the rental service operator (‘the operator’) and the hirer whose particulars are recorded on this agreement (‘the hirer’). It is hereby 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 in page 1 of this agreement (‘the pre-hire inspection’), 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 and full drivers licence appropriate for the class of vehicle in this agreement. The licence details are recorded in the agreement alongside each person’s name.

Payments By Hirer

3. The hirer shall pay the operator for the full 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 he/she shall be liable at the end of the hire period to pay to 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), including any damage to wheels, tyres or glass, 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 those fines and fees and toll charges. The operator will deduct such charges from the hirer’s credit card or bond during or after the term of hire is completed, or the hirer may pay such charges as agreed with the operator, such choice to be 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 the 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 that 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 licence appropriate for the vehicle,

i) drive or allow the vehicle to be driven on any roads excluded in clause 17(h) of the agreement, or on any beach, driveway, or surface likely to damage the vehicle, or

j) allow the vehicle to be driven by any person who is not named or described in the 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 is maintained at the recommended levels.

c) the oil in the vehicle is maintained at the recommended level.

d) the tyres are maintained at their recommended pressure.

e) the vehicle is always locked and secure when 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 believes the vehicle requires mechanical attention, she/he stops driving and advises the operator immediately.

Operator’s Obligations

7. The operator shall supply the vehicle in a safe and roadworthy condition up to current Certificate of Fitness standards.

Mechanical Repairs and Accidents

8. 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 operator shall, action accordingly.

Return of Vehicle

11. a) The hirer shall at or before the expiry of the term of hire, deliver the vehicle to the operator or 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.

b) The vehicle is to be returned tidy, cleaned and a full tank of fuel. A cleaning fee may be charged at the operator’s discretion. To comply with a “full tank”, the vehicle must be fuelled at either Paengaroa Gull, Pongakawa BP, or any Te Puke service stations. A receipt is to be given to the Operator upon the return. If a further top up is required after return, fuel will be charged at $5.00 per litre incl. GST.

Liability

12. The hirer is liable for:

a) any loss of, or damage to the vehicle and it’s accessories. Loss of key will incur a $600.00 fee payable immediately.

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, vehicle and property of third parties, arising during the term of hire

d) any damage to wheels, tyres or glass during the term of hire

e) flat tyres are the sole responsibility of the hirer to repair

Insurance

13. 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 the 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. The insurance charge is included in the price of the hire

16. In the case of damage to, or accidents involving, the vehicle only (“single cover accidents”), and in the case of accidents involving the vehicle and one or more other vehicles (“multiple vehicle accidents”), the excess payable by the hirer is $2,000.00 . This sum is coverable by the bond in cases where the maximum payable bond was held. If bond held is less than the insurance claim excess, the hirer is liable to cover the remaining excess cost. Stated terms are negated if “excess reduction” option was added.

Insurance Exclusion

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 the agreement as a person permitted to drive the vehicle.

e) the vehicle is driven by an unlicenced 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 of the following roads:

- Non recognised roads (i.e. off-roading)

i) the vehicle was operated beyond the term of this agreement or any agreed extension of the term.

j) Any driver under 21 years of age or does not hold a full current licence for the class of vehicle.

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 contact of insurance.

Hirer Uses his/her Own Insurance

19. If the hirer elects to use his/her own insurance, he/she accepts all liability for all losses, costs and damages set out in clause 12(a) to (e) and agrees that clause 14 does not apply to such losses, costs and damages.

Traffic Offences

20. The hirer is advised that section 9 of the Land Transport Rule: Operator Licensing 2007 permits the operator to credit the hirer’s credit card for any infringement fee for an offence where the offence was committed during the period of hire and;

was a) a speeding offence or a toll offence or an offence in respect to failure to comply with the directions given by a traffic signal where that offence was detected by approved vehicle surveillance equipment.

b) an offence for parking in any portion of a road in breach of any bylaw of a road controlling authority or an offence against Part 6 of the Land Transport (Road User) Rule 2004. The Operator will also charge an administration fee of $ 30.00 per infringement, in addition of the infringement. The infringement will be transferred into the main hirers name

21. The operator will send the hirer a copy of the infringement notices and any reminder notices 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 30 days from the date of issue of the reminder notice).

Cancellation of Hire Agreement

22. The rental service operator or the hirer may cancel the hire agreement if:

- The hirer has not met the terms and conditions set out above

23. If the agreement is cancelled, the rental service operator and the hirer must negotiate an appropriate resolution. Cancelations by hirer within 24 hours of the booking will incur in loss of any payment already made to the rental service operator. Cancelations due to service operator will result in full refund, if any payment was already made.

24. a. Long term hire (21+ Days) – must be paid in full prior to taking the vehicle from the depot. Unless arranged in writing with the service operator prior to the rental.

b. If at any point during the rental the hirer wish to extend the hire, those additional days must be paid for prior to the original return date stated in this contract. The service operator may require a new contract to be made and signed reflecting the new return date and or change in rate if applicable.

c. Once the rental has commenced, the service operator does not offer refunds on rentals for vehicles returned earlier than the original date outlined in this contract, and or any extension made in respect of clause 24b.

25. The operator may assign its rights and obligations at any time by notice to the hirer (by email or otherwise). The date of the assignment will be the date notified by the operator. The hirer will do all things to assist the operator with the assignment and will act on the operator’s instructions concerning the assignment. On assignment the operator will have no further obligations to the hirer and the hirer will continue to perform all its obligations under this agreement for the benefit of the assignee.