This is an agreement made between the Operator and the Hirer. The Operator and the Hirer agree as follows:
Vehicle description and term of hire
1. The Operator will let and the Hirer will take the Vehicle for the term of hire and on the terms and conditions 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 full driver’s 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 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 s/he shall be liable at the end of the hire period to pay the Operator any applicable additional charges payable at the end of the term. These include charges (at the Operator’s standard rates at the time of hireage) for additional distance driven, fuel, road user charges, late return, damage to or repair of the Vehicle, any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees (see clause 17) 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, at 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 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 than 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 on any roads excluded in clause 15(h) of this agreement, or on any beach, driveway, or surface likely to damage the Vehicle; or
i) Allow the Vehicle to be driven by any person who is not named in this agreement as a person permitted to drive the Vehicle.
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 proper level;
c) The oil in the Vehicle is maintained at the proper level;
d) The tyres are maintained at their proper pressure;
e) The Vehicle is locked and secure at all times when it is 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; s/he stops driving and advises the Operator immediately.
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 the 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 Hirer shall immediately contact the Operator.
Return of Vehicle
11. The Hirer shall, at or before the expiry of the term of hire, return the Vehicle to: MATIATIA RENTAL CENTRE, 10 Ocean View Road, Matiatia, Waiheke Island.
12. The Hirer is liable for:
a) Any loss of, or damage to, the Vehicle and its accessories;
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, Vehicles and property of third parties, arising during the term of hire.
The Hirer’s liability may be covered by the Operator’s insurance in clause 13 in respect of paragraphs (a) and (b), and in respect of paragraph (c) up to the value outlined on the front page of this agreement.
13. The Operator’s insurance for the Vehicle only covers any driver named in this agreement as a person permitted to drive the Vehicle and is subject to clauses 15, 16 and 17 and the excess payments provided for in clause 14.
14. The excess payable by the Hirer in the case of damage to, or accidents involving, the Vehicle is specified on the front page of this agreement.
15. The Hirer acknowledges that the insurance cover referred to in clause 13 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 this agreement as a person permitted to drive to drive the Vehicle;
e) The Vehicle is driven by an unlicensed 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: Scooters not to be driven on Man Of War Rd or past Waiheke Road.
i) The Vehicle was operated beyond the term of the agreement or any agreed extension of the term.
16. 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 16 constitute a contract of insurance.
17. The Hirer is advised that Section 9.5(1) of the Land Transport Rule: Operator Licensing 2007 permits the Operator to debit 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, a toll offence in respect of failure to comply with the directions given by traffic signal where that offence was detected by approved Vehicle surveillance equipment; or
b) An offence for parking in any portion of road in breach of any bylaw of a road controlling authority or an offence against Part 6 the Land Transport (Road User) Rule 2004.
The Operator may also charge an administration fee of $40 in addition to the infringement fee.
18. The Operator will send the Hirer a copy of the infringement notice and any reminder notice as soon as practical 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 28 days from the date of issue of the reminder notice).
Damage to the Vehicle
19. If the Vehicle is returned with any damage that is not shown on the Damage Report, the Hirer irrevocably authorises the Operator to withdraw the insurance excess amount specified on the front page of this agreement (“the Hirer’s Contribution”) from the Hirer’s credit or debit card on the following conditions:
a) the Operator shall hold the Hirer’s Contribution in its bank account pending completion of the required repair work;
b) upon completion of the required repair work, the Operator shall pay the actual repair costs using the Hirer’s Contribution then any insurance money actually received by the Operator to pay for the repairs (“the Insurance Payment”);
c) if the Hirer’s Contribution and the Insurance Payment are not sufficient to pay the actual repair costs the Operator is irrevocably authorised to withdraw the difference from the Hirer’s credit or debit card (and if for any reason the Operator is unable to do so the difference shall be a debt payable by the Hirer to the Operator within five working days) and apply the payment towards the repair costs;
d) if the actual repair costs are less than the Hirer’s Contribution the Operator shall refund the difference to the Hirer within 10 working days; and
e) The Hirer understands that this process may be actioned immediately on return of the Vehicle but agrees that the Operator reserves the right to review the condition of the Vehicle and exercise its rights under this agreement at any time.
20. If the Hirer believes that there has been an error in his/her account or that the amount charged is unreasonable the Hirer must notify the manager of the office from where the Vehicle was rented and submit within ten (10) working days his/her complaint in writing providing exact details of the complaint together with any evidence in support of the complaint.
21. If the Operator concludes as a result of its investigation that:-
a) The Hirer’s account has been incorrectly debited, the Operator will respond by arranging to adjust the Hirer’s account accordingly and will notify the Hirer in writing; or
b) The Hirer’s account has been correctly debited, the Operator will respond by providing the Hirer with reasons and providing the Hirer with evidence for this finding.
22. If the Hirer is still dissatisfied and has further queries, he/she must notify the Operator in writing within seven (7) working days and a meeting will be arranged as soon as practicably possible between the Hirer and representatives of the Operator in an attempt to resolve the dispute.
23. The hirer must phone or email 24 hours before pick up to avoid penalties. If contact is made within 24 hours 1 days hire/fee applies. If contact is made on the day 1 days hire/fee applies. If contacted outside of the 24hours NO FEE applies