This is a sample agreement and is indicative of the rental agreement you will be required to sign before leaving with your vehicle. Some details vary for each branch.
This rental vehicle agreement (“Agreement”) is made between the rental service operator (“Operator”) and the hirer whose particulars are recorded in this agreement (“Hirer”). The following is agreed:
1. The Operator will let, and the Hirer will take, the motor vehicle, details of which are set out on page 1 of this agreement (“Vehicle”), for the term of hire as described in this agreement.
2. The Vehicle must only be driven –
The licence details are recorded in the agreement alongside each person’s name and address.
3. The Hirer must pay the Operator for the hire of the Vehicle the sum or sums specified in page 1 of thisAgreement.
4. In addition to the payment specified in clause 3 above, the Hirer acknowledges that s/he will be liable at the end of the hire period to pay the Operator any applicable additional charges. These may 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), any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees (see clauses 21 to 24) and the administration costs relating to these fines and fees, and toll charges. The Operator is entitled to deduct any such charges from the Hirer’s credit card during or after the term of hire is competed, or the Hirer may pay such charges as agreed with the Operator, such choice is at the Operator’s discretion.
5. The Hirer must not:
6. The Hirer must ensure that:
7. The Operator will supply the Vehicle in a safe and road worthy condition, displaying a valid and current Certificate of Fitness.
8. If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer must notify the Operator of the full circumstances immediately.
9. The Hirer must 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 must arrange repairs to the vehicle or arrange a replacement vehicle within a reasonable time frame, provided that the operator will not be required to repair or replace the vehicle if it was damaged while being operated in a manner which breaches this agreement
11. The Hirer must, at or before the expiry of the term of hire, deliver the Vehicle to the place of business of the Operator or Operator’s agent as shown on page 1 of this Agreement, or obtain the Operator’s consent to the continuation of the hire (in which case the Hirer must pay additional hire charges for the extended term of hire). If the Hirer does not comply with this clause 11, the Hirer will be liable for additional charges for the late return of the Vehicle.
12. Subject to clauses 13, the Hirer is liable for:
13. The Operator’s rental fleet is insured under a policy of motor vehicle insurance (“Policy”) from a person or company licensed to carry on insurance business in New Zealand under the Insurance (Prudential Supervision) Act 2010. Under the Policy, every person named in this Agreement as a person permitted to drive the Vehicle, subject to clauses 15 and 18, is covered against the losses set out in clause 12.
IMPORTANT: the Operator is not providing insurance services to the Hirer. The Operator manages the insurance provided under the Policy. The Operator reserves the right to determine whether or not to claim under the Policy. In the event of damage to the Vehicle, the Hirer agrees to immediately contact, and solely deal with, the Operator.
14. The cover provided under the policy is limited to the value of $2000 + GST in respect of clauses 12 (a) and 12 (b)
15. The Hirer can make his/her own insurance arrangements, provided that the Operator is satisfied that the Hirer’s insurance is comparable to the cover under the Policy.
16. If the hirer elects to not make his/her own insurance arrangements in accordance with clause 15, the Hirer must pay a contribution to the Operators total excess under the policy to the amount of $2300 inclusive of GST.
17. If the Hirer elects to pay an excess waiver fee documented, or the amount noted of on ACCEPTANCE then the Operator agrees to waive their right to claim from the Hirer the maximum excess contribution in Clause 16. In all cases the operator can claim the minimum of $287.50 inclusive of GST, or the amount noted on page 1 of this agreement.
18. The Hirer will not be covered under the Policy (and therefore is personally liable for all damage/loss under clause 12) if –
19. Despite anything else contained in these terms and conditions, and regardless of whether the Hirer has paid the Excess Waiver Fee, the Hirer will be liable for all damage, loss and costs referred to in clause 12 up to the amount of the Operator’s Total Excess under its Policy (including reasonable indirect costs associated with claiming) where –
20. The Operator may require the Hirer to pay a bond of $………………………….. at the start of the hire. If loss occurs under clause 12, it may be deducted to the value of the loss or be used to contribute to the Excess Contribution or Total Excess (whichever applies).
21. The Hirer is liable for an offence committed during the period of hire where the offence –
22. The Hirer must pay any infringement fee and costs that may become payable because ofan infringement notice served on the Operator for any of the offences set out in clause 21 (a) to (c), and the Hirer authorises the Operator to debit their credit card with such infringement fee and costs, including an administration cost of up to $45.00 per infringement notice received.
23. If the Operator receives an infringement notice or a reminder notice for an offence under clause 21, the Operator will send the Hirer a copy of the notice and the rental service agreement within 5 working days, and –
24. The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority, and the right to 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).
25. If, in the reasonable opinion of the Operator, the Hirer’s driving is likely to pose a real danger to themselves and/or the lives of any other person, then –
26. The Operator may collect information about the Hirer in connection with the performance of this Agreement. The Hirer may not be able to perform this Agreement if all the information requested is not provided. Information collected and held about the Hirer may be used by the Operator in connection with the performance of this Agreement. The Operator may disclose such information to other NZ Rent a Car operators, its related bodies corporate and contractors for the purposes of performing this Agreement. The Operator may also disclose such information in accordance with clause 25(c) of this Agreement. Such information will be stored in accordance with applicable privacy policies and procedures. Under the Privacy Act 1993, individuals have rights of access to, and correction of, their personal information. The Operator will comply with the Privacy Act 1993 and any applicable regulations and codes in connection with the collection and use of such information.
NOTE: THE OPERATOR MUST GIVE THE HIRER AT LEAST ONE COPY OF THIS AGREEMENT. IT IS THE HIRER’S DUTY TO KEEP A COPY OF THE AGREEMENT IN THE VEHICLE THROUHOUT THE TERM OF THE HIRE AND PRODUCE IT ON DEMAND TO AN ENFORCEMENT OFFICER.