1. The agreement
1.1 The Rental Agreement comprises these terms and conditions and the Rental Document setting out the hire details, provided at the point of hire. It is made between
the owner (“the owner”)
and the person or company named in the Rental Document (“the hirer”). The owner will let and the hirer will take the vehicle described in the Rental Document (“the vehicle”) for the term of hire stated there.
2. Drivers
2.1 The vehicle may be driven during the term only by persons named in the Rental Document or a supplementary driver’s sheet, and only if they hold a current full valid driver’s licence appropriate for the vehicle, being a full New Zealand or recognised overseas licence.
2.2 The hirer and each driver must be of the minimum age required by the owner.
3. Charges
3.1 The hirer will pay the hire charges set out in the Rental Document.
3.2 The hirer is liable at the end of the term for additional charges including:
3.2.3 petrol or other fuel used (but not oil);
3.2.4 road user charges;
3.2.7 traffic and parking infringement fees;
3.2.10 any applicable surcharges.
3.3 Charges are inclusive of GST.
4. Security deposit (bond)
4.1 A bond of the amount set out in the Rental Document is taken before the hire by
pre-authorisation on the hirer’s payment card
. The bond is held distinct from the insurance excess.
4.2 The owner may apply the bond against any amount the hirer owes, including the excess, fuel, cleaning, fines, late fees and damage, and releases the balance after return and inspection.
5. Insurance and excess
5.1 The vehicle is insured by the owner. The hirer is liable for loss or damage to the vehicle, third-party property and recovery costs up to the excess for the chosen package:
-
Standard —
included,
excess payable as set out in the Rental Document per incident.
5.2 The base package does not cover windscreens, tyres, wheels, lost keys and minor damage unless an excess-reduction package covering them is taken.
5.3 Excess-reduction packages must be added before the hire begins and cannot be added after an incident.
5.4 The excess cap does not apply, and the hirer is fully liable, in the circumstances in clause 6.
6. When the hirer is fully liable
The excess does not limit the hirer’s liability for damage or loss occurring:
6.1 in breach of the permitted-use terms (clause 7);
6.2 while the vehicle is driven in any race, speed test, reliability trial, rally or contest, or on any circuit;
6.3 while driven by a person not named in the Rental Document;
6.4 while driven by an unlicensed person, or a person not meeting clause 2;
6.5 while driven under the influence of alcohol or drugs;
6.6 from wilful or reckless damage or loss; or
6.7 from water ingress, submersion or a river or stream crossing.
7. Permitted use and surface
7.1 The vehicle must be driven on public roads maintained by a council or NZTA only.
Formed gravel public roads are permitted; drive to the conditions and reduce speed on loose surfaces to protect the windscreen and paintwork.
7.2 The hirer must not use the vehicle on private roads, tracks, rivers, beaches, riverbeds, farm tracks, unmaintained or unformed roads, or any non-public road or surface.
7.3 Regardless of the above, the vehicle must not be driven on: beaches, riverbeds, farm tracks, unformed roads, any closed or signposted-restricted road.
7.4 Damage occurring in breach of this clause is the hirer’s full liability and is not covered by insurance or any excess-reduction package.
8. Inter-island ferry
8.1 The vehicle may be taken on the inter-island ferry at the hirer’s cost.
10. Fuel
10.1 The vehicle is supplied full and must be returned full; a refuelling fee plus the cost of fuel applies if returned short.
11. The hirer’s obligations
11.1 The hirer must keep the vehicle secure and locked; check oil, water, tyres and warning lights and stop if a warning light shows; not permit any unauthorised or unnamed person to drive; not smoke or carry animals in the vehicle; and report any fault, damage, accident or loss to the owner promptly.
12. Breakdown and roadside assistance
12.1 On breakdown, contact the owner using the details in the Rental Document.
The hirer must not arrange repairs or towing without the owner’s approval except to make the vehicle safe.
13. Accidents, theft and damage
13.1 The hirer must report any accident, theft or damage to the owner, and to the Police where required, as soon as possible, must not admit liability, and must record the other party’s details. Failure to report may make the hirer fully liable.
14. Infringements, tolls and recovery
14.1 The hirer is liable for all infringements, road-user charges and tolls during the hire, plus the administration fee per item the owner processes.
14.2 Post-hire charges may be invoiced after the hire. Unpaid balances may be referred to third-party debt-recovery agencies, including international recovery partners where applicable.
15. Cancellation
15.1 Cancellations 7 or more days before pick-up are refunded less a booking fee; inside 7 days the deposit is forfeited; no-shows are charged in full.
16. Repossession and abandonment
16.1 The owner may repossess the vehicle without notice if the hirer breaches this Agreement or the vehicle is at risk. If abandoned or left away from the return location, the hirer is liable for recovery and repatriation.
17. Personal property
17.1 The owner is not responsible for personal property left in or taken from the vehicle.
18. Privacy
18.1 The owner collects the hirer’s personal information to manage the hire, recover amounts owing and meet legal obligations, in accordance with the Privacy Act 2020, and may disclose details to enforcement authorities and debt-recovery agencies.
19. Consumer law and liability
19.1 Nothing in this Agreement limits the hirer’s rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where they apply. To the extent permitted by law, the owner’s liability is limited to the cost of the hire and excludes indirect or consequential loss. The hirer indemnifies the owner against loss caused by the hirer’s breach.
20. Governing law
20.1 This Agreement is governed by New Zealand law and the parties submit to the New Zealand courts.
21. Acknowledgement
21.1 The hirer confirms they have read and agree to these terms, hold a valid licence, and that the named drivers are authorised.
Hirer: ____________________
Date: ____________________
For the owner: ____________________
Date: ____________________