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Terms & Conditions

Use of the Vehicle

The Hirer must not use or allow the vehicle to be used for the transport of passengers by hire or reward unless the vehicle is hired with the knowledge of the Owner for use in a passenger service licensed under part 4A of the Land Transport Act 1998.

The Hirer must not:

  • a) Sublet or hire the vehicle to any other person;
  • b) Allow the vehicle to be operated outside his or her authority;
  • c) Operate the vehicle, or allow it to be operated in circumstances that constitute an offence against section 56, 57, or 58 of the Land Transport Act 1998;
  • d) Operate the vehicle or allow it to be operated in a race, speed test, rally or contest;
  • e) Operate the vehicle or allow it to be operated in breach of the Land Transport Act 1998, the Land Transport (Road Safety and Other Matters) Amendment Act 2011, Land Transport (Road User) Rule 2004, or any other Act, regulations, rules, or bylaws relating to road traffic;
  • f) Operate the vehicle, or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of loading for the vehicle;
  • g) Drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is under 21 years of age and is not the holder of a current full (non-probationary) driver’s license appropriate for the vehicle;
  • h) Operate the vehicle, or allow it to be operated to tow or propel any other vehicle, except any luggage trailer supplied by the Owner;
  • i) Transport any animal in the vehicle;
  • j) Operate or allow the vehicle to be used in involvement with any illegal activity;
  • k) Drive or allow the vehicle to be driven on any beach, driveway or surface likely to damage the vehicle;
  • l) Allow the vehicle to be driven by any person not named or described in clause 1 of the Rental Agreement.

The details of the vehicle are described in the Rental Agreement which includes a condition report. The vehicle must be returned in the same condition making an allowance for normal wear and tear. The Hirer is responsible for any repairs required.

The Hirers Obligations

The Hirer shall ensure that:

  • a) All reasonable care is taken when parking the vehicle;
  • b) The vehicle is locked and secure at all times when it is not in use;
  • c) The water in the vehicles radiator and battery is maintained at the proper level;
  • d) The oil in the vehicle is maintained at the proper level;
  • e) The tyres are maintained at their proper pressure;
  • f) The distance recorder or speedometer are not interfered with;
  • g) No person interferes with any part of the engine, transmission, braking or suspension systems;
  • h) No person interferes with the Blackhawk security system;
  • i) Should a warning light be illuminated or the Hirer believes the vehicle requires mechanical attention, the Hirer will stop driving and advise the Owner immediately;
  • j) All drivers authorized to use this vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement
  • k) Any authorized driver carries their driver’s license with them in the vehicle at all times and will produce it on demand to any law enforcement officer;
  • l) No person smokes inside the vehicle;
  • m) A copy of this agreement is kept in the vehicle at all times throughout the terms of the hire and is produced without delay for inspection by an enforcement officer.

The Owners Obligations

The Owner shall supply the vehicle in a safe and roadworthy condition, up to current Certificate of Fitness standards.

Payments by Hirer

  • a) The Hirer is liable for, and shall pay the Owner for the hire of the vehicle the agreed sum specified in clause 4 of the Rental Agreement prior to or on pick up;
  • b) In addition to the payment specified above, the Hirer acknowledges that they shall be liable at the end of the hire term to pay to the Owner any applicable additional charges payable at the end of the hire term. These include, but are not limited to:
    • i) A fee to cover additional drivers;
    • ii) A surcharge for drivers under the age of 25;
    • iii) Charges for the late return of the vehicle at the daily rate set out in clause 5 of the Rental Agreement, plus the daily rate of other products and services set out in clause 4 of the Rental Agreement;
    • iv) Charges for damage to or repair of the vehicle (subject to the other terms of the Rental Agreement); and any enforcement charges relating to such damage or repairs (including legal costs);
    • v) Charges for cleaning the vehicle’s interior if the vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours including cigarette smoke;
    • vi) Traffic and/or parking offence infringement fees including an administration charge of $40 per infringement notice;
    • vii) Any unpaid toll charges including an administration charge of $25 per notice.
  • c) The Owner will charge the amounts set out in clause 9 (above) to the Hirer’s credit card during or after the term of hire is completed;
  • d) If the Hirer does not pay any money due under or in connection with the Rental Agreement within 14 days of the date by which the Hirer was due to pay the money, the Owner may, without prejudice to any other rights or remedies the Owner may have or be entitled to, charge the Hirer and the Hirer must pay all additional costs as outline below;
    • i) Interest at 10% on the total amount owing from the date on which the Owner was entitled to receive the money to the date of payment;
    • ii) All costs incurred by the Owner for the collection of the unpaid money by a debt collection agency or other external or legal agency;
    • iii) An administration fee of $100.

Mechanical Repairs and Accidents

  • a) 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 Owner of the full circumstances by telephone immediately;
  • b) The Hirer shall not arrange or undertake any repairs or salvage without the Owners authority (this includes, but is not limited to, purchasing a replacement tyre) except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property;
  • c) 24 Hour Roadside Assistance is free for all inherent mechanical faults (as determined by the Owner or its authorised repairer) related to the vehicle. For all other roadside assistance call outs including refueling, jump start, tyre related incidents, lost keys and keys locked in the vehicle, a service fee will be charged to the Hirer;
  • d) If the vehicle requires repair or replacement, the decision to supply another vehicle to the Hirer is at the Owner’s sole discretion.

Return of the Vehicle

The Hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the agreed rental location described in the Rental Agreement or obtain the Owner’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, the Hirer shall be liable for additional charges for the late return of the vehicle as set out in clause 5 of the Rental Agreement.

Liability

  • a) The Hirer is liable for:
    • i) Any loss of, or damage to, the vehicle and its accessories;
    • ii) Any consequential damage, loss or costs incurred by the Owner, including salvage costs, loss of ability to re-hire and loss of revenue, and;
    • iii) Any loss of, or damage to, vehicles and property of third parties, arising during the term of hire.
  • b) The Hirer agrees to release and indemnify the Owner from and against all actions, claims, demands, losses, damages, costs, expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of the misuse of the vehicle.

Insurance

  • a) Motor Vehicle insurance is offered by the Owner but the Hirer may
  • make his or her own insurance arrangements provided these are approved by the Owner prior to the pick-up date in clause 3 of the Rental Agreement. If the Owner is not satisfied that the Hirers insurance is comparable with the Owners insurance cover, the Owner may decline to hire the vehicle;
  • b) The Hirers liability is covered by the Owners insurance as set out in sub-clause 12 a) i), ii,) and iii) to a maximum of $1,000,000. This clause does not apply if the Hirer rejects the Owners insurance;
  • c) The Hirer’s liability for damage applies in respect of each separate accident or new damage, not each rental;
  • d) If the Hirer elects to use the Owners insurance, the insurance premium is included in the hire charge;
  • e) If the Hirer elects to use the Owners insurance, the excess payable by the Hirer is as specified in the Rental Agreement is payable for each and every incident involving the vehicle. If the damage is excluded under the Owners insurance, the excess will be considered part payment toward the total damage cost and any additional cost will be charged to the Hirer in accordance with clause 9;
  • f) The Hirer may purchase Collision Damage Waiver (CDW) to reduce the standard insurance excess payable by the Hirer under the Owner’s insurance cover. If the Hirer elects to purchase CDW, the Hirer will pay the daily CDW rate described in clause 4 of the Rental Agreement;
  • g) During the hire period in the event of multiple incidents, the CDW can only be used once for the damage that has occurred first. Once the CDW is used the insurance excess reverts to the standard excess of $3000.

Insurance 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, drugs, or any other substance that affects his or her ability to drive the vehicle;
  • b) The vehicle is in a unsafe or unroadworthy condition, which arises during the hire, of which the Hirer is aware, or should be aware of, and which causes or contributes to further damage or loss;
  • c) The vehicle is operated in any race, speed test, rally or contest;
  • d) The vehicle is driven by any person not named in clause 1 of the Rental Agreement;
  • e) The vehicle is driven by any person who, at the time he or she drives the vehicle, is disqualified from holding, or has never held a driver’s license appropriate for the vehicle;
  • f) The vehicle is wilfully or recklessly damaged by the Hirer, any person named in clause 1 of the Rental Agreement or any other person driving the vehicle under the authority of the Hirer;
  • g) The vehicle is lost or stolen as a result of wilful or reckless behaviour of the Hirer or any such person;
  • h) The vehicle is operated outside the term of the hire, or any agreed extension of the term;
  • i) The vehicle is operated in breach of clause 6 of the Rental Agreement;
  • j) In the event the driver is charged with an infringement or offence as a result of an accident, the Hirers liability is increased to the replacement cost of the vehicle or a minimum of $5000;
  • k) The vehicle is operated on any of the following roads: Tasman Valley Rd (Mt Cook), Skippers Canyon Rd (Queenstown), or any unformed road or any beach including Ninety Mile Beach;
  • l) Any damage is caused during the fitting of snow chains or roof racks when the vehicle is on hire, and;
  • m) In the event of a single vehicle accident the cost of towing and/or salvage of the vehicle will be at the Hirers expense

Toll Notices and Traffic Offences

  • a) All penalties related to traffic and/or parking offences and unpaid toll fees are the responsibility of the Hirer and the Owner may charge the Hirers credit card for any traffic and/or parking offence infringement fees or toll notices incurred by the Hirer;
  • b) In the event the Owner receives an unpaid toll notice relating to the period the vehicle was on hire, the Owner will pay the outstanding toll fee on behalf of the Hirer and an administration fee of $25 will be charged per notice to the Hirer’s credit card, in addition to the toll fees;
  • c) In the event that the Owner receives notice of any traffic or parking offenses incurred during the period the vehicle was on hire, the Owner will:
    • i) Notify and provide the Hirer with details of the infringement notice as soon as is practical;
    • ii) Provide the necessary information to the relevant authority for such notices to be directed to the Hirer;
    • iii) Charge an administration fee of $40 to the Hirer for transfer of liability of the notice to the Hirer.
  • d) The Hirer has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority, and has 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.

Security Tracking Unit

The Hirer acknowledges that there is a security tracking unit in the vehicle and that the vehicle is tracked. They also acknowledge that the vehicle can be disabled by the Owner if in the Owner’s opinion, it believes that the vehicle is at risk. The Hirer acknowledges they are liable for:

  • a) Tampering with the unit or its wiring, including damage to or loss, including theft, of the unit. The charge is $390 including GST per unit; and
  • b) A reinstallation fee where any unit is damaged or tampered with and/or not returned with the vehicle. The installation charge is $350 plus GST.

Cancellation of the Hire Agreement

The Owner has the right to terminate the hire and take immediate possession of the vehicle if the Hirer fails to comply with any of the terms of the Rental Agreement, or if the vehicle is damaged or the Owner at its discretion deems the vehicle is at risk. The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the Owner and the rights of the Hirer under the Rental Agreement or otherwise.

Privacy Act

When collecting personal information the Owner complies with the Privacy Act 1993. The information requested from the Hirer is to enable the Owner to assess the Hirers request to hire a vehicle. The Hirer acknowledges that the Owner will collect, hold and use the Hirer’s personal information for purposes related to the hire of the vehicle and the provision of related customer services, including assessing customer satisfaction with products and services provided by the Owner. The Hirer further acknowledges that such personal information may be disclosed to debt collection agencies in the event that the Hirer defaults in the payment of any monies owed to the Owner, or other parties involved in an accident with the vehicle while on hire to the Hirer; or any organisation responsible for the processing or handling of traffic related infringements; and the Hirer hereby authorises the disclosure of their personal information for such purposes.