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.
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.
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
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.
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.