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TERMS AND CONDITIONS

 

The Owner (Waiheke Car Rental, Wheels On Waiheke & Waiheke Truck Hire respectively) herein named agrees to let the hirer herein named (hereinafter called the hirer) the motor vehicle described (hereinafter called the vehicle) for the term herein set out. The hirer agrees to be bound by and accepts the terms and conditions of the hire as set out or tabulated herein and acknowledges and declares that he is 21 years of age or older, and has read and fully understands this agreement. The hire's attention is on the clauses here of which form part of the contract, should note clauses 11 and 12 relating to insurance. The hirer is aware of all the conditions on this agreement.

 

Signature of Hirer. .........................................................................

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You should not sign this unless you are sure you understand its effect

 

1. IMPORTANT Declaration: A. Parking and speeding fines will incur an additional $25 processing & admin fee in addition to the actual fine amount. B. The Hirer is liable for broken or damaged windscreens. C. The Hirer is responsible for puncture repair cost or cost to replace or fix the damaged tyres. D. Only authorised drivers on the hire agreement are permitted to drive and will be covered under our insurance policy, rest all are excluded. E. If the vehicle is not returned full of fuel, a $20 refuel processing & admin charge plus cost of refuel applies, please leave fuel receipts in the vehicle after refuelling always. F. Lost keys will incur a replacement charge, this varies for different vehicle models. G. Non return of keys on vehicle return will incur one day hire charge until we get the key back physically. H. All our vehicles are strictly non-smoking, and a $100 cleaning fee will be incurred for non-compliance & deodorising. I. Vehicles returned in an excessively dirty condition will incur a $100 cleaning fee. J. We don't offer any refund for early return. K. For MAN O'WAR BAY AND GRAVEL ROADS ONLY our 4WD cars are allowed ONLY, other non 4WD models will be incur a breakdown charge for any damage that will incur and hirer's liable for repairs & towing cost.

 

2. CREDIT CARD CHARGING AUTHORISATION: The hirer understands by signing below that this is an AUTHORISATION for further charges, that may include but are not limited to: damage, loss and theft. By signing this rental car agreement the hirer grants Waiheke Car Rental, Wheels on Waiheke & Waiheke Truck Hire the consent of charging the hirer's credit card without the physical presence of it, based on CLAUSE 11 from this agreement, which, overrules any damage estimates; also the hirer acknowledges that as the cardholder has given consent to be liable for this after damage has occurred, and therefore by signing below the hirer is giving Waiheke Car Rental, Wheels on Waiheke & Waiheke Truck Hire full consent to follow up with the procedures mentioned above, under the Visa and MasterCard Regulations.

 

Signature of Hirer..........................................................................

 

You should not sign this unless you are sure you understand its effect

 

AGREEMENT TO HIRE RENTAL VEHICLE

VEHICLE DESCRIPTION

1. The owner will let and hirer will take on the hire of the motor vehicle described overleaf, hereinafter referred to as 'the vehicle

DURATION OF HIRE

 

2. The term of hire will be for the period as described overleaf.

PERSONS WHO MAY DRIVE THE VEHICLE

 

3. The vehicle may be driven during the period of hire only by the persons named on the first part of this form and only if they hold a current full license appropriate for the vehicle at the time when they are driving the vehicle.

PAYMENTS BY HIRER IN REALTION TO HIRE, INSURANCE EXCESS & FINES

 

4. The hirer shall pay the owner for the hire of the vehicle for the period referred to in clause 2 of this agreement, at the hire rate referred to overleaf.

4.1 If the Hirer fails to pay any money due under or in connection with this Rental Agreement within 14 days of the due date for payment, the owner may, without prejudice to any other rights or remedies the owner may have, charge the Hirer an amount equal to the actual costs incurred by the hirer in connection with the collection of any unpaid money, including costs charged by any debt collection agency and any legal fees.

 

5. In addition to the payment referred to in clause 4 of this agreement, the hirer shall pay the owner the insurance charge at the rate referred to overleaf, for the insurance cover set out in clause 11 of this Agreement.

5.1 If the Hirer commits a speeding, traffic, parking or freedom camping offence during the Hire Term, the owner will transfer the liability for the offence to the Hirer and the Hirer authorises the owner to provide such necessary information to the relevant issuing enforcement authority for this purpose. The owner will charge an administration fee of $25 to the Hirer’s credit card plus the actual fine amount to hirer’s card. The hirer can dispute the fine charges with related authority and provide the owner with a written decision in order for the owner to refund such incurred cost.

 

6. In addition to the payment specified in clause 4 of this agreement, the hirer shall pay to the owner on termination of the hiring a distance charge at the rate referred to in Section E overleaf.

 

7. The hirer shall pay for all petrol or other fuel and any damages to the tyres of the vehicle during the period of hire.

 

8. Any sum received by the owner on behalf of or before the commencement of this agreement shall be held by the owner as security for the return of the vehicle and as security for payment of any sums owned by the hirer to the owner on the termination of the Agreement. Upon the termination of the agreement the owner shall be entitled to apply any sum so held in payment of all amounts owed by the hirer under the Agreement.

HIRER'S OBLIGATIONS

 

9. The hirer shall ensure that:

(a) The water in the radiator and battery of vehicle maintained at proper level;

(b) The oil in the vehicle is maintained at the proper level;

(c) The tyres are maintained at the proper pressure;

 

10. The hirer shall ensure that all reasonable care is taken in handling and parking the vehicle and that is left securely locked when not in use.

INSURANCE 

 

11. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he might have to the owner in respect of the loss of or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts. Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $250.000, in respect of any liability he might have or damage to any property (including injury to any animal) belong to any other person and arising out of the use of the vehicle.

 

EXCLUSIONS
The indemnities referred to above shall not apply where the damage, injury or loss arises when:
 

1. The driver of the vehicle is under the influence of alcohol or any drug that affects his ability to drive the vehicle;

2. The vehicle is operated in any race, speed test, rally or contest;

3. The hirer is not a body corporate or Department of State and vehicle is driven by any person not named on the front of this form;

4. The vehicle is driven by any person who at the time when he drives the vehicle is disqualified from holding or has never held a driver’s license appropriate for that vehicle;

5. The vehicle is wilfully or recklessly damaged by the hirer or any other person named on the front of this form, or driving the vehicle under the authority of the hirer, or the vehicle is lost as a result of the wilful or reckless behaviour of the hirer or any such person;

6. Insurance void on unsealed roads

7. The vehicle is operated outside the term of the hire or any agreed extension of that term

8. Where the hirer or driver has caused damage or injury by driving on the incorrect side of the road;

9. In the event that the driver is charged with an offence as a result of an accident, then the hirers insurance liability is increased to $5.000.00.

10. any loss or damage to the Hirer’s personal belongings

11. any damage and/or recovery of a Vehicle which has become bogged or immovable due to off-roading or otherwise operating the vehicle other than on a formed road;

12. any roof damage caused by any negligent or irresponsible action, including damage due to entering low laying buildings or objects with height restrictions or by standing on the roof of the Vehicle

13. any failure by the Hirer to comply with any warnings provided on the Vehicle or continues to drive the Vehicle after a warning light has appeared;

14. the Vehicle is in an unsafe or un-roadworthy condition that arose during the Hire Term and that caused or contributed to the damage or loss, and the Hirer or driver was aware or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle

15. the Vehicle has been loaded or is loaded with more than the recommended number of passengers and/or in excess of the manufacturer’s weight specifications;

16. the Vehicle, property or any other vehicle is damaged in circumstances which are illegal in New Zealand;

17. the Vehicle or any spare part is damaged by any item carried inside or outside the Vehicle, such as a surfboard or bicycle;

18. any loss or damage caused or contributed to by the incorrect filling of fluid or fuel tanks, or the incorrect charging with electricity;

19. the Vehicle warranty is either voided or ceased by the vehicle manufacturer as a result of the hirers actions

 

It is agreed between the owner and the hirer that section eleven(11) of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance, the hirer acknowledges that he is aware of the above exclusions, by his signature on the front of this form.

 

HIRER’S LIABILITY
The hirer acknowledges that he is liable for damages or loss to the extent indicated under the heading ‘Hirers Liability’ on the front of this contract. This does not apply to damage or loss resulting from a fire or from the theft or conversion of attempted theft or conversion of vehicle.
• The hirer acknowledges that he/she shall be liable for the first $2500 of damage or loss;
• OR pay $20 per day and be liable for the first $1250 of damage or loss;
• OR pay $40 per day and be liable for the first $500 of damage or loss;
• OR pay $60 per day and be liable $0.00 'NO EXCESS' of damage or loss;

REJECTION OF INSURANCE
12. If insurance is rejected the hirer accepts by his own signature on the front of this form that the vehicle is hired to him at his own risk in respect to loss of or damage to the vehicle and consequential loss by the owner. The hirer by his signature on the front of this form accepts that he may be liable to the owner for any loss of or damage to the vehicle and consequential loss. If insurance is rejected the hirer accepts by his signature on the front of this form that he has no insurance cover under this agreement in respect of any damage, injury, or loss caused to any person or property.

OWNERS OBLIGATIONS
13. The owner shall supply the vehicle in a safe and roadworthy condition.

14. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the hirer

Note: By the virtue of clause 7 of this agreement, the cost of petrol and other fuel, used during the term of the hirer is the responsibility of the hirer

MECHANICAL REPAIRS, ACCIDENTS or THE VEHICLE IS STOLEN

15. If the vehicle is damaged or requires repair or salvage, whether because of an accident of breakdown, the hirer shall advise the owner of the full circumstances as soon as practicable.

16. If the Vehicle is involved in an accident, the Hirer also must .
16.1 notify the NZ Police and obtain a police report where practicable;
16.2 not make any admission of liability;
16.3 where possible, take some photos of the accident site and the damaged vehicles and provide these to the owner; and
16.4 complete the forms provided in the Rental Agreement folder to record the full details of all parties including witnesses and the vehicles involved in the accident along with the Hirer’s or Authorised Driver’s written statement and diagram of the accident circumstances.
16.5 if the Vehicle is rendered unfit to drive after an accident and the owner is satisfied that the Hirer was not at fault, the owner will arrange for the repair or replacement of the Vehicle as soon as practicable (and any replacement vehicle will be available for pick up from the rental kiosk). If the Hirer was at fault, or fault cannot be determined at that time, the owner will not be obliged to refund any of the unused Hire Term (including any insurance products purchased) and the repair or provision of a replacement vehicle shall be at the owner’s sole discretion. The owner reserves the right to decline to offer the insurance product for any replacement vehicle. The owner is not responsible for the costs of transporting the Hirer or any other person from the accident location to any other place. 
16.6 for the purposes of this Rental Agreement, damage includes any and all damage to third party property and damage to the Vehicle, including tyres, windscreens, towing and recovery requirements, theft, fire, break-in and vandalism.
16.7 If the vehicle is stolen the Hirer must report this to the owner as soon as practicable and visit a police station in person to give a signed statement as to the circumstances and obtain a Police report. In addition, the Hirer must provide the owner a written account of the circumstances and surrender the keys at the Matiatia Ferry Terminal Kiosk.
16.8 An additional Damage Administration fee of $50 inc GST will be applied for processing damage claims.

17. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damages to the vehicle or the other property.

18. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle. .

USE OF VEHICLE
19. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licensed under Part VII of the Transport Act 1962 or exempted from licensing under that Act.

20. The hirer shall not:
1. Sublet or hire the vehicle to any other person;
2. Permit the vehicle to be operated outside his authority;
3. Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug);
4. Operate the vehicle, or permit it to be operated in any race, speed test, rally or contest;
5. Operate the vehicle or permit it to be operated to propel or tow any other vehicle;
6. Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulations 1976, or any other Act, regulations or bylaws to road traffic;
7. Operate the vehicle or permit it to be operated for the transport of more than the number of passengers or more than the weight of goods specified in the certificate of loading for the vehicle
8. Drive or permit the vehicle to be driven by any person if, at the time of his driving the vehicle, the hirer or other person is not the holder of a current licence appropriate for the vehicle;
9. Permit any person who is not authorised to drive the vehicle referred to.

RETURN OF VEHICLE
21. The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the address from which the vehicle was hired or to such place of business of the owner or the owner’s agent as may be agreed upon or obtain the owner’s consent to the continuation of hire.

22. The owner reserves the right to check the vehicle in within 24 hours.

IMMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE
23. The owner shall have the right to terminate the hiring and take immediate possession of the vehicle if the hirer fails to comply with any of the terms of this agreement, or if the vehicle is damaged. The termination of the hiring under the authority of this clause shall be without prejudice of other rights of the owner and the rights of the hirer under this agreement or otherwise. 

24. That you undertake to pay the account in full or on before the due date. In default of such prompt payment, you undertake to pay late payment fees of 2% per month on any outstanding and to indemnify us and pay all costs and expensed which we may incur recovering from you any overdue amount.

TRAFFIC OFFENCES
25. 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, where the offence was committed during the period of the hire and was a speeding offence, a toll offence, or an offence in respect of failure to comply with the directions given by a traffic signal where that offence was detected by approved vehicle surveillance equipment, or an offence for parking in any portion of a 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 $25.00 in addition to the traffic offence charge.

26. The hirer is advised that should the operator decide to debit to their credit card for an infringement fee, the hirer has the right to: 1. Receive a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the operator; 2. Challenge, complain about, query or object to the alleged offence to the issuing enforcement authority; 3. Seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue reminder notice); and dispute the matter with the credit card issuer.

27. By signing this agreement, the hirer acknowledges notification of the information in clauses 24 and 25.

28. All transactions under this Rental Agreement are conducted in New Zealand dollars. Due to exchange rate fluctuations and bank charges there may be a variance between amounts charged and amounts refunded to the Hirer’s credit card. The owner accepts no liability for any such variations.

29. CANCELLATION POLICY

You will not be charged a cancelation fee if you cancel your reservation 7 days ahead of time;

If you cancel your booking less than 7 days, but at least 3 days before your specified pick-up date, you will be refunded the booking amount less 1 day of your hire as cancellation fee.

If you cancel your booking in less than 3 days before your specified pick up date, you will not be entitled to any refund.

You should not sign this unless you are sure you understand its effect