Terms and Conditions
An agreement made between the owner and the hirer whose particulars are entered overleaf. It is hereby agreed as follows:
VEHICLE DESCRIPTION
The owner will let and the hirer will take on hire the motor vehicle described overleaf, hereinafter referred to as "the vehicle".
DURATION OF HIRE
The term of hire shall be for the period as described overleaf.
PERSONS WHO MAY DRIVE VEHICLE
The vehicle may be driven during the period of hire only by the hirer and persons named on the front of this form and only if they hold a current driver's license appropriate for the vehicle at the time when they are driving the vehicle.
PAYMENTS BY HIRER
The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire referred to in clause 2 of this agreement, the hire charge at the rate referred to overleaf. If the vehicle is returned late or outside of the period of hire referred to in clause 2, the hirer shall pay the daily hire charge at the rate referred to overleaf.
In addition to the payment referred to in clause 4 of this agreement the hirer shall pay to the owner the insurance charge at the rate referred to overleaf, for the insurance cover set out in clause 10 of this agreement.
In addition to the payment specified in clause 4 of this agreement the hirer shall pay to the owner on termination of the hiring a distance charge at the rate referred to overleaf. The total distance that the hirer may run the vehicle during the period of the hire shall not exceed……………………….....kilometres. If this clause is not completed then the distance restriction is not applicable to this hire.
The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of hire.
The hirer shall pay for any damage or repairs of the vehicle incurred or caused to be incurred by the owner as a result of the vehicle being vandalised or damaged in any way while in possession of the hirer including but not limited to damage that causes the vehicle to be unsafe in any way, un-roadworthy in any way and/or non-compliant with road safety rules and regulations.
CANCELLATIONS / AMENDMENTS
Any reservation cancelled or amended 24 hours or more before an arranged pick up time will incur no penalty.
Any reservation cancelled or amended within 24 hours or less of pick up will incur a 50% charge of total hire cost, to a maximum amount of $200NZD including G.S.T or whichever is the lesser amount.
HIRER'S OBLIGATIONS
The hirer shall ensure that: (a)The water in the radiator and battery of the vehicle is maintained at the proper level; (b)The oil in the vehicle is maintained at the proper level; (c)The tyres are maintained at their proper pressure.
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.
INSURANCE
Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle is fully indemnified in respect of any liability he or she might have to the owner in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts.
Subject to the exclusions set out below, the hirer and any driver authorized to drive the vehicle are indemnified to the extent of $250,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the vehicle.
Exclusions
The indemnities referred to above shall not apply where the damage, injury or loss arises when:
(a) The driver of the vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the vehicle.
(b) The interior of vehicle is damaged or soiled by cigarette burns, cuts, spillage or foreign materials.
(c) Damage caused to Tyres or by Ski Racks and Tyre Chains.
(d) The vehicle is in an unsafe or un-roadworthy condition that arose 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 such condition of the vehicle:
(e) The hirer is not a body corporate or department of State and the vehicle is driven by any person other than the hirer or any other person named under clause 3 of this agreement:
(f) The vehicle is driven by any person who at the time when he or she drives the vehicle is disqualified from holding or has never held a driver's license appropriate for that vehicle;
(g) The vehicle is willfully or recklessly damaged by the hirer or any other person named under clause 3 of this form, or driving the vehicle under the authority of the hirer, or is lost as a result of the willful or reckless behaviour of the hirer or any such person:
(h) The vehicle is operated on any of the following roads: Ball Hut (Mt Cook): Skippers (Queenstown): 90 Mile Beach, Coast Rd to Russell (Northland): Lake Waikaremoana Rd SH 38 (Cen. NI):
(i) The vehicle is operated outside the term of the hire or any agreed extension of that term: It is agreed between the owner and the hirer that section eleven (11) of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance. The hirer acknowledges by signing the front of this form that the hirer is aware of the above exclusions.
HIRER'S LIABILITY
The hirer acknowledges that he or she shall be liable for damages or loss to the extent indicated under the heading "Hirer's Liability" on the front of this contract and in clause 8 of this agreement. This does not apply to damage or loss resulting from fire or from the theft or conversion or attempted theft or conversion of the vehicle.
REJECTION OF INSURANCE
If Insurance is rejected, the hirer accepts by signing the front of this form that the vehicle is hired at the hirer's own risk in respect of loss of or damage to the vehicle and consequential loss by the owner. The hirer accepts by signing the front of this form that he or she may be liable to the owner for damage to or loss of the vehicle and consequential loss. If insurance is rejected the hirer accepts by signing the front of this form that he or she has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.
OWNER'S OBLIGATIONS
The owner shall supply the vehicle in a safe and roadworthy condition
The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer.
NOTE: By virtue of clause 7 of this agreement, the cost of petrol and other fuel, but not oil, used during the term of the hire is the responsibility of the hirer.
MECHANICAL REPAIRS AND ACCIDENTS
If the vehicle is damaged or requires repair or salvage, whether because of any accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone or telegram as soon as practicable.
The hirer shall not arrange or 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 to other property.
The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle
USE OF THE VEHICLE
The hirer shall not use or 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 Part 1 of the Transport Services Licensing Act 1989
The hirer shall not: (a) Sublet or hire the vehicle to any other person; (b) Permit the vehicle to be operated outside his or her authority: (c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against section 58 of the Transport Act 1962, (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug); (d) Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest: (e) Operate the vehicle or permit it to be operated to propel or tow any other vehicle; (f) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976. or any other Act, regulations, or bylaws relating to road traffic; (g) Operate the vehicle or permit it to be operated for the transport of more that the number of passengers or more that the weight of goods specified in the certificate of loading for the vehicle; (h) Drive or permit the vehicle to be driven by any person if at the time of his or her driving the vehicle the hirer or other person is not the holder of a current driver's license appropriate for the vehicle.
RETURN OF VEHICLE
The hirer shall, at or before the expiry of the term of hire deliver the vehicle to the depot stated on reverse side hereof or obtain the owners consent to the continuation of hire.
IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE
The owner shall have the right to terminate the hiring 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. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the hirer under this agreement or otherwise.
PRIVACY
The Hirer hereby gives consent to Northland Rentals and its affiliates, Archibald Northland, Family Finance and Northland Debt collection to Undertake any credit worthiness checks with VEDA advantage or other such entity at the owner’s discretion.
(a) By signing the front of this form you also give consent for your personal details to be disclosed to any law enforcement or transport agency if requested in writing.
REFUNDS
Refunds will not be given on the early return of the vehicle. Refunds may take up to 3 - 7 working days.
NOTE TO HIRER: THE OWNER MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHORISED EMPLOYEE OF THE MINISTRY OF TRANSPORT.
