1. VEHICLE
The rental vehicle (the “Vehicle”) is as described in the Booking Confirmation and/or Tax Invoice (hereafter “Rental Agreement”).
2. RENTAL PERIOD
The term of rental (the “Rental Period”) shall commence (the “Start Date”) and cease (the “End Date”) at the time and date recorded in the Rental Agreement. The Rental Period may be extended if agreed between both Parties prior to the end of the Rental Period. The Customer may be liable for penalty charges if the Vehicle is returned later than the End Date without prior consent from the Company.
3. RATES, AMENDMENTS & CANCELLATION CONDITIONS
Rental rates, terms and conditions listed in this document, quoted on the Company website and elsewhere are subject to change without notice. However, the Company will not alter any rates or conditions applicable to a confirmed booking, unless an amendment is requested by the Customer and acceptable to the Company.
At the time of booking, the Customer must pay the full rental amount due to secure the booking. No booking shall be considered confirmed by the Company until payment has been received.
The Customer may request an amendment to a confirmed booking. Any such amendment requests are subject to approval by the Company and may result in the rental rate being re-calculated and a further payment due to secure the booking.
The Customer may cancel any confirmed booking. If a booking is canceled up to 7 days prior to the Start Date, there will be a cancellation fee equal to 50% of the rental amount. If a booking is canceled on the Start Date or the Customer fails to collect the Vehicle as agreed, the Customer will be liable for 100% of the rental fee.
4. PERSONS WHO MAY DRIVE THE VEHICLE
The person named in the Rental Agreement may drive the Vehicle, as well as any other person allowed by the named driver (at named driver’s risk).
All drivers must be over the age of 25 years and must hold a full and valid driver’s licence, a copy of which must be presented to the Company on request.
5. PAYMENT BY CUSTOMER
The Customer shall pay, prior to receiving the Vehicle, the total rental fee amount as specified in the Rental Agreement.
The Customer agrees to pay any additional costs arising in connection with the rental, including (but not limited to) costs related to: parking fines, speeding tickets, damage to the vehicle (see insurance terms below), plus any applicable penalty fees (see clause 15).
The Customer must have a credit card and authorises the Company to debit their card for the sum and costs listed in point (a) and (b) above.
In addition, the Customer authorises the Company to debit their credit card for any insurance excess payments and/or penalty fees that may be applicable according to this Agreement and/or as recorded in the Rental Agreement.
6. CUSTOMER’S OBLIGATIONS
The Customer agrees to the following conditions:
Smoking is not permitted in the Vehicle at any time.
No animals are permitted in the Vehicle at any time.
The Customer must exercise care in handling the Vehicle, and ensure that it is securely locked when not in use.
The Customer must comply with all applicable NZTA regulations and driving laws of New Zealand.
The Customer must notify the Company as soon as possible and within 12 hours, of any complaints against or defects with the Vehicle, or claims against the Company. Failure to comply with this condition will void the Customer’s right to any claim for such defects.
For multi-day rentals, the Customer must ensure to charge the vehicle overnight and whenever else it is possible and practical to charge the Vehicle. If the Customer experience difficulty in charging, the Customer must contact the Company to seek advice.
The Customer shall ensure not to let the Vehicle battery run flat and to charge the Vehicle immediately if the state of charge ever falls below 10 km.
The Customer accepts liability for any expenses for towing of, or repair to the Vehicle, including additional costs necessary to correct repairs attempted, if these have not been authorised by the Company prior to the towing or repairs taking place.
The Customer shall ensure that no person interferes with any mechanical or electrical system of the Vehicle, except those normally used to operate the Vehicle.
The Customer shall not:
Sublet or hire the Vehicle to any other person.
Permit the Vehicle to be operated by anybody other than the driver listed in the Rental Agreement.
Operate the Vehicle, or permit it to be operated in any race, speed test, rally or competition.
Operate the Vehicle in any way that is in breach of the Transport Act 1962, the Traffic Regulations 1976 or any other Act relating to road traffic in New Zealand.
Operate the Vehicle or permit it to be operated for the transport of more than the number of passengers or with more than the total load weight, than the Vehicle is designed to carry.
Use the vehicle, or permit it to be used, for carrying of paying passengers or the commercial transport of goods.
7. COMPANY’S OBLIGATIONS
The Company shall make the Vehicle available for rental in a safe and roadworthy condition.
The Company shall be responsible for all ordinary and extraordinary costs of running the vehicle during the rental period, except for those costs defined in this Agreement as payable by the Customer.
8. CUSTOMER’S LIABILITY
The terms and conditions in this clause 8 will survive any termination of this Agreement.
Each person listed as a Customer in Rental Agreement 1 is jointly and individually responsible for all fees, charges and other obligations pursuant to this Agreement.
The Customer is liable to the Company for, and indemnifies the Company against:
any loss of, or damage to, the Vehicle;
any consequential damage, loss or costs incurred by the Company; and
any loss of, or damage to, third party vehicle(s) or property, arising from the use or misuse of the Vehicle by the Customer, or any person the Customer has permitted to drive, or be a passenger of, the Vehicle,
to the extent that such loss, damage or costs have been caused by or contributed to by the Customer, or any person the Customer has permitted to drive, or be a passenger of, the vehicle.
The Customer agrees to release and indemnify the Company from and against all actions, claims, losses, costs or other misadventure which the Customer may suffer, incur or become liable for as a result of any use of the Vehicle in breach of this Agreement, or as a result of any reckless or negligent act of the Customer, or any person the Customer has permitted to drive, or be a passenger of, the vehicle.
9. COMPANY’S LIABILITY
The terms and conditions in this clause 9 will survive any termination of this Agreement.
The Company shall hire the Vehicle and supply any services pursuant to this Agreement:
on the terms and conditions expressly set out in this Agreement and Rental Agreement; and
subject to non-excludable rights under consumer protection laws.
No other terms or rights apply.
Except as set out in the paragraphs below, the Company accepts its liability to you for breach of contract or for breach of any non-excludable rights under consumer protection laws.
The Company is NOT liable for any loss:
to the extent that it is caused by, or contributed to by, the Customer.
to the extent that it results from the Customer’s failure to take reasonable steps to avoid or minimise any loss.
caused by the Company failing to comply with its obligations, or where such loss is caused by events outside its reasonable control (such as a failure in equipment that is not owned or operated by the Company, an industrial strike or an extreme act of nature).
10. INSURANCE COVER
The rental Agreement includes full insurance coverage for the Customer and rental Vehicle, subject to the provisions and exclusions set out in the clauses below, and to a maximum liability of $2,000,000 per accident or incident.
In the event of an accident or incident involving the Vehicle, or any other damage to the Vehicle, regardless how minor such damage may be, the Customer must immediately pay the excess amount, as recorded in the Rental Agreement, to the Company.
The Customer’s liability for damage applies in respect of each separate accident, incident or new damage.
The Company reserves the right to request payment of the Excess amount as bond at the start of the Rental Period.
11. COVER EXCLUSIONS
The Customer’s liability will not be limited to the Excess amount in the following situations or in respect of the following fees, damages, expenses and/or costs. The Customer will be fully liable for all fees, damages, expenses and/or costs associated with any of the following events:
The driver of the Vehicle was, at the time of the accident or damage occurring, under the influence of any substance that may have affected their ability to drive the Vehicle safely or ensure the Vehicle’s safety.
The Vehicle was in an un-roadworthy condition that arose during the Rental Period, and such condition caused or contributed to the damage or loss, and the driver of the Vehicle was aware or ought to have been aware of the un-roadworthy state of the Vehicle.
The damage was caused while the Vehicle was being driven by any person not listed in the Rental Agreement.
The Vehicle was damaged as a result of being submersed, or partially submersed, in water.
The Vehicle was used in a location that was not a public road.
The Vehicle was driven despite a warning light being on or the temperature gauge being in the red zone.
The replacement or retrieval of keys which have been lost, broken, damaged or locked in the Vehicle.
Damage, breakages, loss, theft or defacement of the interior of the Vehicle, when caused by or contributed to by the Customer, or any person the Customer has permitted into the Vehicle.
Loss or damage of the Vehicle or associated costs caused by or in connection with reckless conduct or willful misconduct by the Customer or anybody permitted into the Vehicle by the Customer.
Delivery of a replacement vehicle required as a result of any of the exclusions listed in this clause 11.
An attempt to charge the Vehicle with an incorrect supply voltage or other type of fuel.
The recovery of a Vehicle which has become stuck (the Customer shall first contact the Company).
The vehicle is in a “Rollover” incident, in which the Vehicle has rolled, tipped or fallen over and this has caused damage to the Vehicle, including to the roof and/or sides of the Vehicle.
The Vehicle is operated in any form of race, speed trial or contest.
If a driver of the Vehicle is convicted of any driving offence, where the Vehicle, other vehicle(s) and/or other property are damaged.
12. CHARGING OF THE VEHICLE
All charging of the Vehicle shall be in accordance with such instruction(s) as provided by the Company.
The Customer is not expected to recharge the Vehicle if the Return Date is the same as the Start Date.
For rental Agreements lasting one full day or more, the Customer agrees to charge the Vehicle every night and at other times where possible and/or convenient.
In all cases, the Customer is encouraged to pay attention to the battery charge level and plan their trips to avoid running the battery flat. We advise charging the Vehicle at every opportunity, in particular overnight if you have booked a multi-day rental.
If you run the battery flat, please notify the Company as soon as possible if you require help. A surcharge of up to $250 will be charged if we need to provide remote charging or tow the vehicle back to our base. Abandoning a flat vehicle will incur a larger penalty charge of $500 plus any parking charges or fines (if applicable).
13. ACCIDENTS AND EQUIPMENT FAILURE
In the event of any accident or incident involving the Vehicle, the Customer must:
notify the Company of the circumstances as soon as possible; and,
notify Emergency Services by calling ‘111’ – if the accident involves injury or death; and
record full details of all parties, witnesses to, and vehicles involved in the incident; and,
prepare a written statement of the facts signed by all parties; and,
obtain a copy of any relevant Police report.
In the event of any accident or incident involving the Vehicle, the Customer must not:
make any admission of liability; or
arrange repair or salvage of the Vehicle without the Company’s authority, unless such repairs or salvage will be likely to prevent further damage to the Vehicle and/or to other property.
The Company shall endeavour to assist the Customer in the event of an accident or other unforeseen circumstance that is not caused by the Company or failure of the Vehicle, as listed below. Costs for such assistance may, at the Company’s discretion, be charged to the Customer.
the vehicle battery being run flat
the vehicle key being lost, stolen or locked inside the car
a breakdown as a result of damage caused in an accident or act of vandalism
In the event of an accident or failure of the Vehicle, the Company shall provide a replacement vehicle, or else advise of the lack of availability of a replacement vehicle. The Company will not be liable for any resulting costs incurred by the Customer, should a replacement vehicle not be available.
The availability of a replacement vehicle is not guaranteed and is subject to availability, the Customer’s location, accident liability and remaining duration of the Rental Period.
Additional Customer charges may be incurred as a result of an accident, such as transporting the Customer and their passengers away from the accident location.
If a replacement vehicle is not available or accessible to the Customer, the Company will not be liable for any consequential costs incurred or suffered by the customer.
The Company may agree to compensate the Customer for any days remaining in their Rental Period, in which the Vehicle cannot be used by the Customer. The insurance Excess amount(s) paid or owed by the Customer to the Company will be deducted from any refund paid.
14. RETURN OF THE VEHICLE
The Customer shall return the Vehicle in a clean and tidy condition or be liable to pay a cleaning fee of up to $1,000 (at the Company’s discretion).
A surcharge of $25 will be billed to the Customer if the Vehicle has been driven on the metal surfaced road around the Eastern end of Waiheke. This is to cover the additional cleaning time and cost that we incur.
The Vehicle shall be returned by the Return Date and time agreed in the Rental Agreement or be liable to pay a surcharge of $25 / hour (only $15 / hour if approved in advance). At the Company’s discretion a grace period of up to 30 minutes will usually be allowed.
An extension to the Rental Period may be requested by calling the Company prior to the end of the Rental Period. There is no guarantee that an extension will be possible. If the Company cannot grant an extension, the Vehicle must be returned by the End Date agreed in the Rental Agreement.
If the Customer returns the Vehicle to a location other than as agreed in the Rental Agreement, a relocation fee may be charged to recover reasonable costs incurred by the Company.
15. BREACH OF CONTRACT
The Company may terminate the Agreement and take immediate possession of the Vehicle if the Customer fails to comply with any of the terms or conditions of this agreement, or if the Vehicle becomes damaged. Termination of the Agreement under this clause shall not affect other rights of either party as described in the Agreement.