Terms and Conditions
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 and address.
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 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 operators
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 are 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 locked and secure at all times when not is 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 operators
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 operators discretion. In order 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
The hirer’s liability is covered by the operator’s insurance in clause 13
up to the value of the vehicle in respect of paragraphs (a) and (b), and $ 10
Million in respect of paragraph (c).
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 $10.00 per day, with a minimum of $ 35.00 per
individual hire, which will be included in invoice along with the hire charge.
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
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;
a) was 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 may also charge an
administration fee of $ 20.00 in addition of the infringement.
21. The operator will send the hirer a copy of the infringement notice 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 12
hours of the booking will incur in loss of payment. Cancelations due to service
operator will result in full refund, if any payment was already made