TERMS OF HIRE
AGREEMENT TO HIRE RENTAL VEHICLE
In this agreement made between the owner and the hirer it is agreed as follows:
1. The owner will let and the hirer will take on hire the motor vehicle, described herein.
DURATION OF HIRE
2. The term of hire shall be as set out in this agreement.
PERSON WHO MAY DRIVE THE VEHICLE
3. The vehicle may be driven during the period of hire only by the persons named in this agreement, and only if they hold a current driver’s licence.
PAYMENTS BY HIRER
4. The hirer shall pay to the owner as payment for the hire of the vehicle for the period specified in this agreement the sum detailed in this agreement. If the vehicle is returned after the period specified in this agreement extra charges will apply.
5. In addition to the payment specified in clause 4 of this agreement, the hirer shall pay to the owner the sum detailed in this agreement for the insurance cover set out in clause 10 of this agreement.
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 kilometre charge at the rate detailed in this agreement.
(a) The hirer shall pay for all petrol or other fuel (but not oil) used in the vehicle during the period of the hire.
(b) The hirer acknowledges and authorises that any infringements or fees incurred while on hire including speeding and parking fines, vehicle damage, debt collection fees, may be charged to the credit card or other bond type that is held by the owner.
(c) The hirer acknowledges and authorises any additional charges as outlined in clause 7b may incur a $25.00 administration fee.
(d) The owner agrees to supply, and the hirer agrees to purchase or hire any additional products, equipment, or services as detailed on this agreement.
(e) The hirer is responsible for any damage or replacement cost to any additional products or equipment detailed on this agreement.
(f) The hirer will be responsible for all charges for roadside assistance call outs caused by hirers negligence, such as but not limited to refuelling, incorrect fuel, jump starts, lost keys or keys locked in vehicle.
8. The hirer shall ensure that –
(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) The tyres are maintained at the proper pressure.
9. The hirer shall ensure that –
(a) All reasonable care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
(b) If the temperature gauge more than half way or any warning light in the vehicle is activated, you must stop the vehicle immediately when safe to do so and advise the owner or their agent of the fault by telephone immediately.
10. Subject to the exclusions set out below, Insurance is included in this agreement.
(a)In the event of an accident, the hirer will be charged the excess amount indicated on the agreement irrespective of fault.
(b) In the event of an accident with a third party the hirer will be responsible for the excess amount indicated on the agreement irrelevant of fault and damage to our vehicle.
(c)The owner is not responsible for pursuing any claims the hirer may have against a third party in respect of damage or loss including the excess amount indicated on the agreement paid to the owner.
11. The insurance 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 drug that affects his or her 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 vehicle is driven by any person not named in clause 3 of the agreement.
(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 driver’s licence appropriate for that vehicle.
(f) The vehicle is wilfully or recklessly damaged by the hirer or any person named in clause 3 of the agreement or driving the vehicle under the authority of 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 or areas: Skippers Road (Queenstown), Ninety Mile Beach (Northland), or any other beach.
(h) The vehicle is operated outside the term of the hire.
It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act shall apply with respect to the above exclusions as if this clause constituted a contract of insurance.
12. 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 during the term of hire except to the extent that by the terms of this agreement those costs are payable by 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 or their agent of the full circumstances by telephone or electronic mail as soon as practical.
15. The hirer shall not arrange or undertake any repairs or salvage without the authority of the owner or owner’s agent.
16. 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
17. The Hirer shall not 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 licenced under the current Transport Act or any amendments or exemptions from licencing under that Act.
18. The hirer shall not:
(a) Sublet or hire the vehicle to any other person.
(b) Permit the vehicle to be operated outside his or her authority.
(c) Operate the vehicle, or permit it to be operated, in circumstances that constitute an offence by the driver against the current Transport Act (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drugs.
(d) Operate the vehicle or permit it to be operated to propel or tow any other vehicle excepting a trailer which does not exceed the weight limits of the tow bar on the vehicle.
(e) Operate the vehicle or permit it to be operated in any race, speed test, rally, or contest.
(f) 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 relating to road traffic.
(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 driven by any person if at the time of their driving the vehicle the hirer or other person is not the holder of a current driver’s licence appropriate for the vehicle.
RETURN OF VEHICLE
(a) The hirer shall, at or before the expiry of the term of hire, deliver the vehicle to the owner or their agent at the address detailed in this agreement or obtain the consent of the owner or agent to the continuation of hire.
(b) The hirer shall have the right to terminate the hire early for any reason. The hirer acknowledges and accepts that no refunds apply.
IMMEDIATE RETURN OF THE 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 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 the owner and the rights of the hirer under this agreement or otherwise.
NOTE TO HIRER:
THE OWNER MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT WHICH CAN BE PRODUCED ON DEMAND FOR ANY POLICE OFFICER, TRAFFIC OFFICER, OR AUTHORISED EMPLOYEE OF THE LAND TRANSPORT SAFETY AUTHORITY.
The hirer acknowledges that the information provided in this form (‘the information’) will be held by Simply Hire (‘Simply’) and agrees that the information may also be held by:
the operator from whom the vehicle was hired (‘the operator’)
any company related to Simply
The hirer agrees that the information may be used for the purposes of:
considering the market for Simply’s vehicles
making available to you information relating to Simply’s services, the operator’s products and services and
the services of any company related to Simply.
The hirer understands that he or she may request access to the information held by Simply and may request that the information be corrected if the hirer considers the information is wrong.
That you undertake to pay the account in full on or before the due date. In default of such prompt payment, you undertake to pay late payment fees of 2.5% per month on any amount outstanding and to indemnify us and pay all costs and expenses if legal action is necessary, and/or any collection agency fees, which we may incur in recovering from you any overdue amount.