YOUR MAUGERS TERMS AND CONDITIONS OF RENTAL
1. General
1.1 These Terms and Conditions are part of the Agreement between you (as a Driver) and us (being Maugers Rentals 2020 Limited The Agreement concerns your use and hire of one of our Vehicles.
1.2 Where you are a corporate entity and you hire our Vehicle(s) for business purposes, these Terms and Conditions bind you and each of your employees, contractors, subcontractors or other assigns that have possession of the Vehicle (Personnel). It is your responsibility to ensure that your Personnel are aware of these Terms and Conditions and comply with them at all times.
1.3 We agree to hire one of our Vehicles to you for the Rental Period, and you agree to comply with these Terms and Conditions. You confirm and agree all information provided by you in connection with this Agreement, including your contact details, are true and correct.
1.4 Please read these Terms and Conditions carefully to understand your obligations in full.
2. Navigating your Agreement with us
2.1 Your Agreement with us consists of:
(a) the Details;
(b) your Booking Confirmation;
(c) these Terms and Conditions (together with the Schedules (if any)).
2.2 In the event of any inconsistency between the above documents, these Terms and Conditions will take precedence.
3. Definitions
3.1 In these Terms and Conditions, defined terms have the following meaning:
Accessories means any equipment set out in the Booking Confirmation, including but not limited to any child restraint, mud tyres, roof racks and compartment, ski accessory or similar equipment.
Agreed Rental Period means the pre-agreed duration of the rental set out in the Details.
Agreement has the meaning in clause 2.1.
Additional Charges means the additional charges that you may incur as a result of the rental set out in Schedule 1 (Additional Charges).
Additional Drivers means those individuals requested by you and agreed to by us (at our sole discretion) that are listed in the Booking Confirmation.
Authorised Driver means the Driver and any Additional Drivers (if any) specified in the Details.
Booking Confirmation means the form provided by us to your nominated email address containing the agreed Details relating to your rental of the Vehicle.
Code means the New Zealand Rental Vehicle Association Code of Conduct.
Collection Costs means our reasonable costs of collecting unpaid Rental Charges from you and may include interest on outstanding Rental Charges as set out in Schedule 1 (Additional Charges).
Consumer Laws means the Consumer Guarantees Act 1993, the Fair Trading Act 1987 and the Contract and Commercial Law Act 2017.
Cover Amount means the amount shown as ‘Cover Amount’ on the Booking Confirmation.
Details means the details set out in your Booking Confirmation such as your name, address, details of your driver’s licence, details of the Vvehicle, your Liability Waiver (unless you are arranging your own third-party insurance), Authorised Drivers and the dates of the Agreed Rental Period.
Driver means you.
Incident means an event during the Rental Period which is an accident, claim or other incident involving damage to or loss of the Vehicle or property of any other person in connection with the Vehicle or injury to any other person in connection with the Vehicle.
Land Transport Act means the Land Transport Act 1998;
Manufacturer’s Specifications means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual usually located in the Vehicle.
Mechanical Faults means a breakdown, malfunction or failure of the Vehicle’s engine or any other mechanical part of the Vehicle not caused or contributed to, by you or any other Authorised Driver.
Offroad Policy means our policy pursuant to which hirers are permitted to use the Vehicle in a manner that would otherwise be inconsistent with clause 8 (Use of Vehicle), which only where this is expressly recorded in the Details and the Booking Confirmation.
Overhead Damage means damage to the surface of any part of the Vehicle that occurs in the area above the top windscreen line (as measured around the perimeter of the body of the Vehicle) during the Rental Period or damage to third party property, which we have reasonable grounds to believe is caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or you or any person standing or sitting on the roof of the Vehicle.
Personal Information has the meaning given to that term in the Privacy Act.
Privacy Act means the Privacy Act 2020.
Privacy Statement means our Privacy Statement available here.
Rental Charges means the fees, costs, amounts and charges specified in the Details, the Booking Confirmation and the Insurance Levels and Costs set out in Schedule 1 that may be payable under the Agreement.
Rental Period means the Agreed Rental Period but extended in accordance with clause 7 (Rental Period) to cover such additional days until the date that you return the Vehicle to us.
Roadside Assistance Cover means the roadside assistance services set out in clause 13 (Roadside Assistance).
TSL License means the ‘Transport Service License’ (if any) held by you or by your business pursuant to which the relevant to the operation of the Vehicle you have hired is being conducted;
Underbody Damage means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where we have reasonable grounds to believe that the driver of the Vehicle is reasonably at fault for that damage.
Valid Licence means a current and valid full licence not being a restricted licence, learner’s licence, provisional licence or probationary licence and have been licenced to drive Vehicles of the same category as the Vehicle.
Vehicle means the vehicle identified and described in the Details or any substitute Vehicle we provide you with during the Rental Period and includes any Accessories agreed by us in the Booking Confirmation.
Waiver Exclusion means each of the events set out in clause 12.1 (Waiver Exclusions) where you will be unable to rely on your Waiver Product to reduce your liability;
Waiver Product means the liability reduction waiver products set out in Schedule 2 (Waiver Products) that we offer to you as part of our booking process reducing your financial responsibility for loss or damage to the Vehicle to the Cover Amount.
Waiver Selection means our Waiver Product selection form offered to you during the booking process and confirmed in your Booking Confirmation.
Windscreen Protection means the protection cover set out in Schedule 2 (Waiver Products) reducing your potential liability to us for damage to the Vehicle’s windscreen.
4. When does the Agreement become legally binding?
4.1 This Agreement will become legally binding on the earlier of:
(a) when you sign the Booking Confirmation Form prior to or on pick up of the Vehicle; or
(b) when you collect the keys for the Vehicle from us (or via any contact free option made available by us).
5. Our Responsibility
5.1 Our responsibility under this Agreement is to:
(a) rent the Vehicle to you for the Agreed Rental Period;
(b) make sure that the Vehicle is legal to use in New Zealand and is in a safe and roadworthy condition;
(c) insure the vehicle, unless otherwise agreed with you in the Waiver Selection;
(d) comply with the Code; and
(e) explain any extra charges that will or might apply – we call these Additional Charges (as set out in Schedule 1 - (Additional Charges) of this Agreement.)
5.2 You may have rights against us under the Consumer Laws relating to the Vehicle (and other goods or services we provide to you under the Agreement) that we cannot exclude or limit. Except for our liability to you under the Consumer Laws, we will not cover you for indirect or consequential loss, loss of profits or loss of opportunity.
5.3 In addition, without limiting our liability under the Consumer Laws, our total liability to you under the Agreement is capped at the amount paid by you to rent the Vehicle.
6. Your Responsibility
6.1 In summary, by entering into this Agreement you agree to:
(a) rent the Vehicle (together with any optional extras) for the Agreed Rental Period;
(b) care for, use and return the Vehicle and any optional extras in accordance with the Agreement;
(c) ensure that each Authorised Driver is aware of the obligations in this Agreement;
(d) keep a copy (which may be an electronic copy) of this Agreement in the Vehicle during the Rental and, if required, produce it immediately on request to the relevant authority;
(e) make sure that you or an Authorised Driver are the only people who drive the Vehicle;
(f) pay us the total amount that you owe us, including:
(i) the daily rate for the Agreed Rental Period and for any days outside of the Agreed Rental Period where the rental is extended pursuant to clause 7;
(ii) the amount for any optional extras you request (including verbally when you pick-up the Vehicle (such as a navigation unit, child seat or ski racks));
ii. any Additional Charges, and you authorise us to deduct all such charges from the credit or debit card you have provided to us;
(g) have a pre-authorisation placed on your credit or debit card at the start of the Agreed Rental Period for the Liability Amount, as security for any amounts that may become owing to us under this Agreement (including any Additional Charges);
(h) ask us if you would like to change the Agreed Rental Period or your Details including your Vehicle return date, time, or place – we will do what we can to accommodate your amendments but these changes may incur Additional Charges;
(i) look after our Vehicle and make sure it is kept safe and secure at all times;
(j) operate the Vehicle in accordance with the terms of your TSL License (if any) and ensure that a copy of the TSL License is displayed in the Vehicle at all times;
(k) not register or claim to be entitled to register any security or other interest in the Vehicle under the Personal Property Securities Act 1999;
(l) not use the Vehicle in contravention of any applicable law; and
(m) immediately stop driving the Vehicle, turn it off, and contact us if a warning light or ‘check engine’ light comes on.
6.2 At the end of the Rental Period, once final charges have been calculated, any unused portion of the pre-authorisation will be released to you by your bank. Please note that the pre-authorisation may take up to 7 – 14 business days to be released by your bank.
6.3 If the final charges exceed the amount of the pre-authorisation, you will owe us the shortfall and authorise us to deduct all such charges from the credit or debit card you have provided to us: we will provide you with details about any amounts payable under this clause 6.3, including how these amounts have been calculated.
7. Rental Period
7.1 The Rental Period commences on the date of the Agreed Rental Period set out in the Details and ends on the date that you return the Vehicle to us.
7.2 The Rental Period will be automatically extended until the later of:
(a) if you return the Vehicle to the designated drop-off location during normal opening hours: when you hand over the keys (and any optional extras) at the return location and we inspect the Vehicle; or
(b) if you return the Vehicle to the designated drop-off location outside our normal opening hours: when you leave the Vehicle on site at the designated drop off location.
7.3 Additional Charges may apply if the Rental Period does not match the Agreed Rental Period. These charges are set out in Schedule 1 (Additional Charges).
8. Using the Vehicle
8.1 You must not, and you must ensure that any Authorised Driver of the Vehicle does not, use the Vehicle, or allow it to be used:
(a) by any person who is not the Driver or an Authorised Driver;
(b) by any person if that person is under the influence of alcohol or any drug, the content level of which exceeds the legal limit in New Zealand;
(c) in a race, a speed test, a rally or any other type of contest or operate the vehicle, or allow it to be operated, in breach of the Land Transport Act, the Land Transport (Road User) Rule 2004, or any other act, regulations, rules or bylaws relating to road traffic;
(d) to transport more than the number of passengers for which the vehicle is certified or that can be properly accommodated by the seat belt restraints, or to carry a larger load than that which the vehicle is authorised to carry;
(e) unless each passenger in the Vehicle appropriately uses the seat belt restraints or child restraints (as applicable);
(f) by any person who does not hold a Valid Licence appropriate for the Vehicle;
(g) in contravention of the terms of any TSL License held by you or your business;
(h) for any form of hire or reward including use of the Vehicle as a “licensed passenger service” under Part 4A of the Land Transport Act;
(i) to push or tow any other vehicle unless:
i. the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured and/or the RUC certificate; and
ii. the Vehicle is fitted with a tow bar and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and our recommendations;
(j) to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at your cost) and in accordance with the Manufacturer’s Specifications and our recommendations;
(k) to transport any animal (other than a ‘disability assist dog’ for the purposes of the Dog Control Act 1996);
(l) in connection with ‘freedom camping’ offences under the Freedom Camping Act 2011 (such as freedom camping in breach of local bylaws, illegally disposing of rubbish and failing to leave an area when legally required);
(m) deliberately, negligently or recklessly in a way that causes damage or loss to the Vehicle;
(n) when the Vehicle is damaged or unsafe;
(o) with incorrect fuel in the Vehicle;
(p) to carry any inflammable substance or any other explosive or corrosive substances without our prior written consent; or
(q) to transport persons who smoke whilst in the Vehicle.
8.2 Subject to clause 9.1, you will not, and will ensure that any Authorised Driver of the Vehicle does not, use the Vehicle in any of the following places:
(a) anywhere that is not officially designated as a road;
(b) any non-commercial ski field road;
(c) any beach (including Ninety Mile Beach);
(d) Tasman Valley Road (also known as the Ball Hut access road) at Aoraki Mt Cook;
(e) Lake Waikarimoana Road;
(f) Rainbow Road; and
(g) Skippers Canyon Road.
9. Offroad Policy
9.1 Where the Details and the Booking Confirmation expressly state that our Offroad Policy applies:
(a) you must always comply with the Offroad Policy; and
(b) subject to 9.1(a), you may use the Vehicle in any of the places listed in clause 8.2. .
9.2 Regardless of whether the Offroad Policy applies, You and any Authorised Driver are responsible for ensuring safe and legal driving practices on these roads, including:
(a) checking the weather conditions;
(b) carrying any necessary permits;
(c) avoiding reckless driving; and
(d) otherwise driving the Vehicle in a manner that complies with your obligations under clause 8.1 (Using the Vehicle) and in accordance with the Land Transport Act, the Land Transport (Road User) Rule 2004, or any other act, regulations, rules or bylaws relating to road traffic.
10. Liability for Loss or Damage
10.1 Subject to clauses 10.2, 10.3 and clause 11 (Insurance and Waiver Products), you are liable to:
(a) compensate us for any damage to or loss of the Vehicle, including any Incident, flood or storm related damage or theft of the Vehicle, which we have reasonable grounds to believe has occurred during the Rental Period; and
(b) for damage to any third party property which we have reasonable grounds to believe is caused or contributed to by you or another Authorised Driver (or any person you or another Authorised Driver allow to drive the Vehicle).
10.2 If, acting reasonably, we accept that the loss or damage referred to in clause 10.1 above was not your fault, you will not be liable to compensate us provided:
(a) you comply with the process set out in clause 16 (When an Incident Occurs) for dealing with an Incident; and
(b) you provide us with the following details of the Incident:
(i) name, residential address, contact phone and licence number of any person involved;
(ii) the name of any insurer of any third party you believe was at fault;
(iii) the registration numbers of all vehicles involved;
(iv) an accurate description of the Incident and location;
(v) the names of any attending police officers and the stations at which they are based; and
(c) we reasonably believe we will recover the amount of loss or damage from a third party.
10.3 We are liable for any damage to or loss of the Vehicle that is our fault. This includes:
(a) any failure on our part to properly maintain the Vehicle; and
(b) loss or damage directly due to our negligence.
11. Insurance and Waiver Products
11.1 When you hire a Vehicle through us, you are automatically covered under our group insurance policy with our third-party insurance provider (IAG New Zealand Limited) or such other insurer as we may contract with from time to time.
11.2 Where you are a corporate entity (or the Authorised Person is an employee booking on behalf of a corporate entity), you are responsible for the acts and omissions of each Authorised Driver or person you or any other Authorised Driver allows to drive the Vehicle.
11.3 Neither you nor any unauthorised driver will have the benefit of the Waiver Exclusion (if applicable) where you or any other Authorised Driver allows an unauthorised driver to drive the Vehicle and we have reasonable grounds to believe that the unauthorised driver causes loss of or damage to the Vehicle or damage to the property of a third party.
11.4 Any person named in this Agreement as a Driver or Authorised Driver is, subject to the Cover Amount and the occurrence of a Waiver Exclusion:
(a) Indemnified in respect of any liability he or she might have to us for loss or damage of the Vehicle and any consequential loss of revenue or other expenses to us; and
(b) Indemnified to the extent of $10,000,000 in respect of any liability he or she might have for damage to any third party’s property (including any animal) arising from the use of the Vehicle.
11.5 Subject to a Waiver Exclusion, if you are or would be liable to compensate us for our loss under clause 10 (Liability for Loss and Damage), we will waive that liability if you have complied with this Rental Agreement and to the extent:
(a) you pay the Excess Amount (where applicable and subject to the terms of the Waiver Product you have purchased (if any)) stated on the Booking Confirmation for each separate event or Incident involving:
(i) damage (including hail, flood or storm damage) to, or loss of, the Vehicle; or
(ii) damage which is caused by a Driver or an Authorised Driver or anyone else during the Rental Period.
11.6 If you do not wish to be covered under our insurance arrangements, you may make your own insurance arrangements provided these are approved by us no later than 14 days prior to your collection of the Vehicle.
11.7 If we are not satisfied that your insurance is adequate to cover any potential loss to us arising from your use of the Vehicle, we may decline to hire the Vehicle.
11.8 If you use your own insurance, then you accept all liability for all relevant losses, costs and damages set out in this Agreement and you are liable up to the full value of the Vehicle and for all related losses and fees including third party damage and losses as set out in this Agreement. We will invoice you for any damage, losses and costs (including all third party costs) incurred in connection with your Use of the Vehicle under this Agreement. Any costs payable under this Agreement in connection with your Use of the Vehicle are payable in full by either yourself or your insurer on the same payment terms as the rest of the hire charges (clause 6.1 (Your Responsibility)).
11.9 You accept that any limitations on liability set out in this Agreement will not apply. You will be solely responsible for any losses, costs and damages associated with the rental of the Vehicle.
12. Waiver Exclusions
12.1 Your Waiver Product will not apply to cover any loss or damage that you may be liable to us for that occurs during the Rental Period in connection with any of the following Waiver Exclusions:
(a) Overhead Damage;
(b) Underbody Damage;
(c) water damage including to any part of the Vehicle including where we have reasonable grounds to believe you have driven the Vehicle in a manner resulting in total or partial inundation or immersion of the Vehicle in water including (without limitation) in floods, creeks or rivers or where you have driven the Vehicle in a manner that has allowed water to ingress within the Vehicle to the extent that it has resulted in damage to the Vehicle;
(d) where the Vehicle has sustained damage that we have reasonable grounds to believe has been caused by you driving the Vehicle in a way that breaches clauses 8.1 or 8.2 (Using the Vehicle) including:
(i) recklessly or deliberately driving the Vehicle in a manner that damages a tyre or accessory;
(ii) theft of the Vehicle (except where we recover the Vehicle and you are only liable for a lesser amount under this Agreement);
(iii) loss or damage to your property or the property of any Authorised Driver or passenger of the Vehicle.
12.2 For the purposes of this clause, any reference to “you” includes an Authorised Driver and any person you or another Authorised Driver allow to drive the Vehicle.
12.3 We will use reasonable endeavours to mitigate our losses charged to you under this clause.
13. Roadside Assistance
13.1 Roadside Assistance Cover is included with each of our Waiver Products.
13.2 We will provide 24 hour Roadside Assistance Cover for all Mechanical Faults (as reasonably determined by us or our authorised repairer) at no additional cost (even if you have not purchased Roadside Assistance Cover) provided that:
(a) you have purchased one of our Waiver Products; and
(b) the fault does not arise as a result of any unauthorised use of the Vehicle in breach of clause 8.1 (Using the Vehicle), clause 9 (Offroad Exceptions) or otherwise under this Agreement.
14. Disputes
14.1 We aim to resolve all complaints and disputes amicably, within 15 business days.
14.2 For further information regarding our disputes process contact:
Maugers Customer Care Team
Monday-Friday, 8:00am to 4:30pm
Email: info@maugers.com
15. Traffic offences during the Rental Period
15.1 You will be liable for the fines and costs for any:
(a) speeding, parking, other traffic infringements or toll offences;
(b) failure to comply with traffic signs or signals; and
(c) ‘freedom camping’ offences under the Freedom Camping Act 2011 (such as freedom camping in breach of local bylaws, illegally disposing of rubbish and failing to leave an area when legally required).
15.2 If an offence is committed during the Rental Period;
(a) you will be liable for the costs related to that offence, whether or not you were the driver at the time;
(b) within five working days of us receiving the notice of the offence (the Notice), we will transfer liability for the Notice to you by passing on your details to the relevant authority for such notices to be directed to you;
(c) you have a right to challenge, complain about, query or object to any ticket directly to the organisation that has issued it; and
(d) you have a right to ask for a court hearing in connection with any ticket (but you must ask for this within 56 days of the ticket being issued, or within 28 days of the reminder notice).
15.3 In the event that we are unable to transfer liability for the Notice to you by passing on your details to the relevant authority, we will charge your credit or debit card for the total amount of the ticket, and we will pay this to the appropriate authority as soon as we can. In these circumstances, we have the right to charge your credit or debit card with the Infringement Processing Fee and the Toll Administration Fee (set out in Schedule 1 - Schedule 1 (Additional Fees)) which we will keep. We will notify you by email before charging your credit or debit card.
15.4 We have the right to pass the details of any Vehicle-related offence to a relevant authority, or to a debt collection agency, if we consider it is necessary.
15.5 By signing this Agreement, you agree that we have made you aware of your rights and obligations in relation to any Notice for which you may be liable.
16. When an incident occurs
16.1 If you have an accident or if the Vehicle is stolen, you must take the following steps:
(a) Notification: you must inform us as soon as practicable, and in any event within 24 hours in the event of any accident irrespective of whether the Vehicle is damaged or lost, or in the event of theft.
(b) Police Report: you must report the accident to police as soon as you can if anyone has been injured or property damaged.
(c) Vehicle Incident Report: provide us with a report with the details of your accident or theft including any third-party information (even if there is no damage to the Vehicle). This must be completed and signed by you and provided to one of our staff when you return.
(d) Other Driver’s Details: if you have an accident involving another vehicle, you must obtain the other driver’s name, address, telephone number, insurance company details, drivers licence number, vehicle registration, vehicle make/model and a copy of the police report if one was created.
(e) Do not admit Fault: unless and until you have spoken with one of our staff members and provided a copy of the accident report.
(f) Photographs: if relevant, please take time stamped photographs of any damage to the Vehicle and submit these to our staff as soon as practicable, and in any event within 24 hours, in the event of an accident.
16.2 You agree to co-operate with us in any investigation or subsequent legal proceedings.
16.3 You must not arrange any recovery or repair of the Vehicle, and you agree to do whatever we reasonably require to help us minimise our loss and/or for us to prosecute any person as a result of the damage.
16.4 Roadside Assistance Cover is available where you have purchased one of our Waiver Products. This is available 24 hours a day, 7 days a week. We will meet the upfront cost of each callout, but we will on-charge this cost to you if the reason for the callout relates to something that is your fault (for example, running out of fuel, losing the keys, locking the keys in the Vehicle, or if a wheel on the Vehicle needs to be changed due to a puncture).
16.5 We will not be responsible for any costs you incur as a result of any accident, or damage to the Vehicle (including any towage costs).
16.6 If there is damage to the Vehicle:
(a) you must pay us the full Cover Amount (where applicable and in accordance with our Damage Charging Process terms of any Waiver Product you may have purchased);
(b) we will get a quote to have our vehicle repaired;
(c) if the repair cost is lower than the Cover Amount you have paid, we will refund the difference to you; and
(d) if you allege that a third party caused the damage and the third party is able to be identified, we will pursue them through our insurance company. If the third party accepts liability, the total Cover Amount will be refunded to you.
16.7 We may provide you with a replacement Vehicle for the remainder of the Rental Period at our sole discretion but are under no obligation to provide you with a replacement Vehicle where you have breached the Agreement.
17. Termination
17.1 Either party may terminate the Agreement at any time if the other party commits a breach of the Agreement.
17.2 We may terminate the Agreement without notice and take immediate possession of the Vehicle if:
(a) we are required to do so by the police or other relevant authority;
(b) the Vehicle is involved in an accident, breaks down, or requires repair or salvage;
(c) you have not paid an invoice or any other request for payment (whether verbal or in writing) or your credit card charge is declined or your bank reverses the charge made to your card and you fail to pay the amount due within 24 hours of being notified by us that the amount is outstanding;
(d) we reasonably believe you have materially breached, or are likely to materially breach, the Agreement;
(e) the Vehicle is not returned by the due date of the Agreed Rental Period and you have not contacted us to notify us of the same;
(f) we consider on reasonable grounds that the Vehicle is at risk of being damaged; or
(g) we believe on reasonable grounds that an event or occurrence constituting a Waiver Exclusion has taken place or is likely to take place.
18. Privacy
18.1 When you rent a Vehicle, we need to collect, store, use and disclose Personal Information about you to provide the services you request and for related purposes. These purposes, together with the way that we collect, hold, store and use your Personal Information is set out in our Privacy Policy.
18.2 You agree you and your Authorised Drivers have read and understood how we process Personal Information in accordance with our Privacy Policy available online at https://www.maugers.com/privacy-policy/
19. Miscellaneous
19.1 GST: any prices provided in this Agreement are exclusive of GST (unless stated otherwise). Where GST is payable in addition to a price displayed, then the recipient of the supply must pay to the supplier an amount equal to the GST payable on the supply in addition to and at the same time as any consideration for the supply.
19.2 Electronic Execution: You may execute this Agreement electronically and PDF file copies of the executed Agreement will constitute sufficient evidence that an original of the Agreement has been executed.
19.3 Electronic Communications: You agree that, for the purposes of the Contract and Commercial Law Act 2017, and the Unsolicited Electronic Messages Act 2007, we are permitted to communicate electronically with You.
19.4 Governing Law: this Agreement is governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand and waive any right to claim that those courts are an inconvenient forum.
20. Before you sign
20.1 Please read all the documents and correspondence regarding your rental carefully. If you do not think you have received all the documents, or if there is anything that you do not understand or agree with – please contact a member of our team.
Schedule 1 - Additional Charges
General Additional Hire Fees: We may charge you the following additional fees where applicable at the rates set out below:
Type of Additional Charge
Amount of Additional Charge
Administration Fee: the reasonable cost to us for processing changes to your Booking, or for attending to processing the Additional Charge (only applicable where indicated)
$50.00
Refuelling Costs: the cost to fill the Vehicle with fuel if you return it with less than a full tank on a price per litre basis plus our Administration Fee
Cost to fuel vehicle to full + Administration Fee
Optional Extras: the cost to replace any optional extras (at current retail replacement value) you have hired if you do not return those items or if those items are damaged or lost
$150.00 + Replacement Cost
Key Replacement: the cost of replacing any key not returned with the vehicle and/or any replacement key provided to you or any damaged key (including the cost of any courier or delivery charges)
$150.00 + Replacement Cost
Cleaning Costs: the costs to return the Vehicle to the condition it was in when we hired it to you (if necessary), up to the Cover Amount plus our Administration Fee
$150.00 + Our Third-Party cleaning service provider’s costs to carry out a full clean of the Vehicle
Credit Card Surcharge: a credit card surcharge of [2.5%] for Mastercard and Visa, on all transactions where a credit card or a debit card is used for payment
2.7% on Transaction Amount
Offences: the cost of all road tolls, parking tickets, infringements, traffic or driving offence fines or charges, court costs and/or any other charges incurred during the Rental Period by you or by an Authorised Driver in connection with the Vehicle plus either:
(a) an Infringement Processing Fee; or
(b) a Toll Administration Processing Fee; and
(c) our Administration Fee.
The cost set out on the infringement notice + as applicable:
- Infringement Processing Fee;
- Toll Administration Processing Fee;
- Administration Fee
Infringement Processing Fee: the amount payable for administrative functions we undertake including the payment of, or handling or any claim for any charges and penalties such as the processing of traffic and parking fines, speeding and traffic infringements.
$25.00 Per Infringement Notice.
Toll Administration Processing Fee: the amount payable for administrative functions we undertake including the payment of, or handling or any claim for any charges and penalties related to the use of toll road use.
$1.00 Per Toll Notice
Cancellation Fee: where you have prepaid the non-refundable deposit and your reservation then cancelled the booking prior to the Agreed Rental Period collection date
Day of confirmation to 30 days from the collection date – The Bond is non-refundable
30 to 14 days from collection date – 25% of total booking value plus non-refundable bond
13-8 days from collection date – 50% of total booking value plus non-refundable bond
Seven days or less, including no-show – 100% of the total booking value plus non-refundable bond
After Hours Drop Off Fee: where you return the Vehicle outside of our standard operating hours without our prior agreement
$75.00 + Additional Rental Charges if Applicable
Late Return Fee: this will apply if you commit to an Agreed Rental Period and then return the vehicle late without our agreement. You may be charged an extra day’s rental for each 24 hour period entered into following the return time at the current rental rates set out in your rental agreement
Additional Daily Rental Charge per 24 hours following the Agreed Rental Period
Interest on Outstanding Amounts: We reserve the right to charge 3.29% per annum on:
(a) all outstanding Rental Charges that remain unpaid within seven [7] days following the end of the Rental Period (excluding any amounts that we are able to recover from your Bond or pre-authorisation method under clause 6.3); and
(b) all outstanding charges that are invoiced to you in connection with your Use of the Vehicle and remain unpaid after the due date for payment set out on the invoice.
3.29% Per Annum on all outstanding amounts
Roadside Callout Fee: Unless you have selected our “Max Cover” Waiver Product, you will be charged the Roadside Callout Fee for each roadside callout you make during the Rental Period for a fault or Incident which we have reasonable grounds to believe is caused by your act or omission, including (but not limited to):
(c) emergency refuelling up to an amount required to reach the nearest petrol station
(d) each Electric Vehicle Callout (set out below);
(e) damage to or failure to upkeep any tyre in accordance with the Manufacturer’s Specifications;
(f) lost keys;
(g) towing costs where you or an Authorised Driver are at fault;
(h) keys locked in the Vehicle; or
(i) a flat battery due to lights or other electrical equipment being left on.
Roadside Callout Fee: $150.00 minimum callout fee as a result of non-mechanical, customer at fault roadside assistance support
Electric Vehicle Recharge Fee: where an Electric Vehicle is returned with:
(j) less than 77% but more than 10% battery power, the Electric Vehicle Recharge Fee will be charged to you;
(k) 10% or less battery power, the Higher Electric Vehicle Recharge Fee will be charged to you; or
(l) insufficient battery power to drive it to the closest charging station, the EV Flat Battery Fee will be charged to you.
Electric Vehicle Recharge Fee:
$25.00
Higher Electric Vehicle Recharge Fee:
$50.00
EV Flat Battery Fee: all costs incurred by us related to recharging the Vehicle + towing costs
Schedule 2 - Waiver Products
We have set out below what your liability to us for loss of or damage to the Vehicle will be for each Waiver Product (other than in the event of loss or damage resulting from a Waiver Exclusion, in which case you cannot rely on any Waiver Product to reduce or eliminate your liability).
Vehicle Type | Basic Cover | Superior Cover | Max Cover | Windscreen Cover |
7-12 Seaters | $4,000.00 | $1,500.00 | $840.00 | $0.00 |
14-20 Seaters | $5,000.00 | $3,000.00 | $1,500.00 | $0.00 |