Detailed Terms and Conditions
AGREEMENT TO HIRE RENTAL VEHICLE
An agreement made between the owner and the hirer and/or authorised drivers whose particulars are entered. It is hereby agreed as follows:
1. The owner will let and the hirer will take on hire the motor vehicle described in the agreement.
DURATION OF HIRE
2. The term of hire shall be for the period as described in this agreement. No extension of hire permissible without authority from Darn Cheap Rentals.
PERSONS WHO MAY DRIVE THE VEHICLE
3. The vehicle may be driven during the period of hire only by the persons described in this agreement and only if each such person holds a current drivers licence appropriate for the vehicle at the time when they are driving the vehicle.
PAYMENTS BY HIRER
4. The hirer shall pay to the owner as payment for the hire of the vehicle for the period of hire referred to in clause 2 of this agreement, the sum as specified in this agreement.
PAYMENTS BY HIRER
5. In addition to the payment referred to in clause 4 of this agreement, the hirer shall pay to the owner the sum specified in this agreement, for the insurance cover set out in clause 10 of this agreement, if applicable.
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 this agreement if applicable.
7. The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of the hire. ( Receipts for oil purchases required for reimbursements).
PAYMENTS BY HIRER
8. In addition to the payment referred to in clause 4 of this agreement, the hirer shall pay to the owner the sum specified in this agreement, for the insurance cover set out in clause 10 of this agreement, if applicable.
(a) The water in the radiator and battery of the vehicle is maintained at the proper level.
(b) The oil in the vehicle is maintained at the proper level.
(c) (c) The tyres are maintained at the proper pressure.
9. (a) The hirer shall ensure that all reasonable care is taken in handling and parking of the vehicle and that it is left securely locked when not in use.
(b) Any tyre damage including puntures is responsibility of the hirer.
(c) Late returned vehicle charges 20% daily rate per hour for first four hours then a further days rental charged.
(d) Vehicle returned in a dirty condition will incur a grooming fee.
10. Subject to the exclusion set out below, the hirer and any driver authorised to drive the vehicle is full indemnified in respect of any liability he might have to the owner in respect of the loss or damage to the vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses or the owner including towing and salvage costs associated with the recovery of the vehicle and its accessories and spare parts, ( over and above the insurance excess specified). Subject to the exclusions set out below, the hirer and any driver authorised to drive the vehicle are indemnified to the extent of $2 million in respect of any liability he might have for damage to any property ( including injury to any animal) belonging 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:(a) The driver of the vehicle is under the influence of alcohol or any drugs that affects his ability to drive the vehicle; (b) 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. (c) The vehicle is operated in any race, speed test, rally, or contest. (d) The hirer is not a body corporate or department of state and the vehicle is driven by any person not named in Clause 3 of this agreement or is lost as a result of the wilful or reckless behaviour of the hirer or any such person (e) The vehicle is driven by any person who at the time when he or she drives the vehicle is disqualified from holding or has never held a drivers licence appropriate for that vehicle (f) The vehicle is wilfully or recklessly damaged by the hirer or any other person named in clause 3 of this agreement or driving the vehicle under the authority or the hirer, or is lost as a result of the wilful or reckless behaviour of the hirer or any such person; (g) The vehicle is operated on any of the following roads; 90 Mile Beach (Northland) or any beach in New Zealand Coast road to Russell (Northland) Ball Hut Road (Mount Cook) Skippers Road (Queenstown) Any Private Road Crown Range (Queenstown) Any mountain road or access Road to ski fields, particularly Remarkables Ski Area in Queenstown Highway 38 between Murapara and Wairoa. Or any unsealed roads. (h) The vehicle is operated outside the term of the hire or any agreed extension of that, term it is agreed between the owner and the hirer that section 11 of the insurance Law Reform Act 1977 shall apply with respect of the above exclusions as if this clause constituted a contract of insurance. (I) The hirer operates the vehicle with disregard to clause 8a or 8b shall be liable for repair costs.
REJECTION OF INSURANCE
11. The hirer accepts that the vehicle is hired to the hirer at the hirers own risk in respect of loss of or damage to the vehicle and consequential loss by the owner. The hirer accepts that he or she may be liable to the owner for any loss or damage to the vehicle and consequential loss. OWNERS OBLIGATIONS12. The owner shall supply the vehicle in a safe and roadworthy condition 13. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle the vehicle during the term of the hire to the extent that by the terms of this agreement those costs are payable by the hirer. NOTE: By virtue of clause 7 of this agreement, the cost of petrol, fuel, but not oil, used during the term of the hire is the responsibility of the hirer. MECHANICAL REPAIRS AND ACCIDENTS 14. If the vehicle is damaged or requires repairs or salvage, whether because of an accident or breakdown, the hirer shall advise the owner of the full circumstances by telephone as soon as practicable. 15. 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 damage to the vehicle or to other property. 16. The hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in emergency, any part of the engine, transmission, braking, or suspension systems of the vehicle.
USE OF THE VEHICLE
17. The hirer shall not use or permit the vehicle to be used for the carriage of passengers for the hire or reward unless the vehicle is hired with the knowledge of the owner for use in a passenger service licenced under Part 2 of the Transport Act 1989 and amendments or exempted from licensing under that Act The Hirer acknowledges that the vehicle may not be used as a delivery vehicle or courier vehicle without written authority of the owner.18. The hirer shall not: (a) Sublet or hire the vehicle to any other person (b) Permit the vehicle to be operated outside his authority (c) 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 alcohol or under the influence of drink or drug) (d) Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest (e) Operate the vehicle or permit it to be operated to propel or tow any other vehicle or trailer (f) Operate the vehicle or permit it to be operated in breach of the Transport Act 1962, the Traffic Regulation 1976, or any Act, regulations or bylaws to road traffic and subsequent amendment (g) 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 (h) Drive or permit the vehicle to be driver by any person if at the time of his driving the vehicle, the hirer or other person is not the holder of a current drivers licence appropriate for the vehicle and under the age of 21 years
RETURN OF VHEICLE
19. The hirer shall at or before the expiry of the term of hire, deliver the vehicle to the owners place of business or the owners agent at the agents place of business, or obtain the owners consent to the continuation of hire.IMEDIATE RETURN OF VEHICLE WHERE DEFAULT OR DAMAGE 20. 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 to 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 the owner and right of the hirer under this agreement or otherwise. NOTE TO HIRER THE OWNER MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE THROUGHOUT TERM OF THE HIRE AN PRODUCED ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHRISED EMPLOYEE OF THE MINISTRY OF TRANSPORT.