Car hire terms and conditions

The following is a summary of the terms and conditions listed on the Rental Contract.

Rental Term | Drivers | Charges | Hirer Obligations | Owner Obligations | Use & Restrictions
Accidents & Breakdowns | Insurance | Exclusions | Vehicle Return | Breach of Contract



Term Of The Hire

The rental term commences and ceases at the time and dates described on the rental contract.
Hire charges are on a daily basis, where 1 day consists of 24 hours. Part day charges are not available.

Authorised Drivers

The vehicle may be driven during the period of hire only by the persons named on the rental contract, and only if they hold a current driver's licence appropriate for the vehicle at the time they are driving the vehicle. Driver licenses must comply with current NZTA regulations.
Standard insurance requires that drivers are 21 years or older with full license.
NOTE: drivers under the age of 21 or restricted license holders may be allowed to drive with a higher insurance excess only with owners written permission.

Hire Charges

The hirer shall pay to Holiday Rental Cars as payment for the hireage of the vehicle for the period and sum detailed on the rental contract.
The hirer shall pay for any puncture repair and all petrol or other fuel used in the vehicle during the period of hire. The hirer is responsible for returning the vehicle with the same or a greater amount of fuel as delivery level.

Hirer Obligations

The hirer shall ensure that:
  1. The water in the radiator and battery of the vehicle is maintained at the proper level.
  2. The oil reserviors in the vehicle are maintained at the proper levels.
  3. The tyres are maintained at the proper pressure.
  4. The hirer must notify Holiday Rental Cars within 24 hours of any lit warning gauges or lights, complaints, defects, or failure of the vehicle.
  5. The vehicle is returned in a clean and tidy condition.
  6. All reasonable care is taken in driving, handling and parking the vehicle and that it is left securely locked when not in use.
  7. This contract or a copy is kept in the vehicle throughout the term of the hire; and produced without delay for inspection on demand by an enforcement officer.

Owner Obligations

Holiday Rental Cars will supply the vehicle in a safe and roadworthy condition.
Holiday Rental Cars is responsible for all ordinary costs of running the vehicle except to the extent that by the terms of this agreement those costs are payable by the hirer.
NOTE: By virtue of the Hirers Obligations section of this agreement, the cost of fuel and puncture repairs during the term of hire is the responsibility of the hirer.

Use Of The Vehicle & Restrictions On Use

(a) 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 Holiday Rental Cars for use in a passenger service licensed under Part 4A of the Transport Act 1962 or exempted from licensing under the Act; and
(b) The hirer shall not:
  1. sublet or hire the vehicle to any other person;
  2. allow the vehicle to be operated outside his or her authority;
  3. operate the vehicle, or allow it to be operated, in circumstances that constitute an offence against section 56, 57 or 58 of the Transport Act 1962 (driving under the influence of drink or drugs);
  4. operate the vehicle or allow it to be operated in a race, speed test, rally, or contest (including intentional loss of traction);
  5. operate the vehicle or allow it to be operated in breach of the Transport Act 1962, Land Transport (Road User) Rule 2004 or any other Act, regulations, rules or bylaws relating to road traffic;
  6. 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;
  7. drive or allow the vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a current driver licence appropriate for the vehicle;
  8. operate the vehicle or permit it to be operated to propel or tow any other vehicle without Holiday Rental Carss written permission;
  9. have any domesticated or wild animal, alive or deceased in the vehicle at any time without Holiday Rental Carss written permission.

Breakdowns & Accidents

(a) If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the hirer shall advise Holiday Rental Cars of the full circumstances by telephone, facsimile or email as soon as practicable.
(b) The hirer shall not arrange or undertake any repairs or salvage without the authority of Holiday Rental Cars except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
(c) The hirer shall ensure that no person shall interfere with the distance recorder or speedometer, to swap or exchange any part of the vehicle, to damage or adjust gauges to cause false readings, or except in an emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
(d) Holiday Rental Cars accepts no responsibility for accommodation charges, meals or out-of-pocket expenses resulting from a breakdown or accident.
(e) The liability of Holiday Rental Cars extends only to the refund of hire charges for any days total loss of vehicle use caused through a mechanical breakdown, except in the case where a breakdown or accident has occured as a result of the hirer neglecting to comply with any obligation listed in any other section of the rental contract.

Insurance

(a) Subject to the exclusions listed below, the hirer and any driver authorised to drive the vehicle is fully indemnified in respect of any liability he might have to Holiday Rental Cars 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 Holiday Rental Cars, including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts.
(b) Subject to the exclusions listed below, the hirer and any driver authorised to drive the vehicle is indemnified to the extent of the value of any claim in respect of any liability he might have for damage to any property belonging to any other person and arising out of the use of the vehicle.
(c) An excess applies to the above mentioned insurance cover. The amount of the insurance excess is detailed in the Hirer's Liability section of the rental contract.

Insurance 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 in an unsafe or unroadworthy condition that arose during the course of the hire 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 unroadworthy condition of the vehicle.
  3. The vehicle is operated in any race, speed test, rally or contest.
  4. The vehicle is driven by any person not named on lines numbered 4, 10, 12, 14 or 16 on the reverse side hereof being the person or persons authorised to drive the vehicle in accordance with clause 4 of this agreement.
  5. The vehicle is driven by any person who at the time he drives the vehicle is disqualified from holding or has never held a driver's licence appropriate for that vehicle.
  6. The vehicle is wilfully or recklessly damaged by the hirer or
  7. The vehicle is operated on any of the following roads:
    1. Any off road conditions without Holiday Rental Cars's written consent
    2. ALL SKIFIELD ROADS (beyond the main carpark)
    3. Ninety Mile Beach (Northland)
    4. Ball Hutt Road (Mt Cook)
    5. Skippers Road (Queenstown)
    6. Colville/Cape Colville Road
  8. The vehicle is damaged by water submersion or salt water damage.
  9. The vehicle is damaged by incorrect use or fitting of extras and accessories including snow chains, roof racks and bike racks.
  10. The vehicle is operated outside the term of the hire or any agreed extension of that term.
It is agreed between Holiday Rental Cars and the hirer that section II of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.

Return Of Vehicle

(a) The hirer shall return the vehicle at or before the expiry of the term of hire, or obtain owners consent to extend the rental period. Late return may incur a penalty fee in addition to the daily rental costs for outstanding days.
(b) The hirer shall deliver the vehicle to the Depot, or obtain Holiday Rental Cars's consent to return to another location. Failure to return the vehicle to the specified location may incur a penalty fee in addition to relocation costs.
(c) If the hirer fails to return the vehicle with the same or a greater level of fuel than that indicated on the rental contract, a $20 refueling fee will be charged in addition to costs required to return the vehicle to this fuel level.
(d) If the vehicle is returned in our opinion in an excessively dirty condition inside or out, a cleaning fee of $100 will be charged.

Breach Of Contract

Holiday Rental Cars reserves 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 to the other rights of Holiday Rental Cars and the rights of the hirer under this agreement or otherwise.


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