TERMS AND CONDITIONS
An agreement made between the owner (Maugers Rentals) and the hirer whose particulars are entered in this agreement. It is hereby agreed as follows:
VEHICLE DESCRIPTION 1. The owner will let and the hirer will take on the motor vehicle described in this agreement.
DURATION OF HIRE
2. The term of hire shall be for the period as described in this agreement.
PERSONS WHO MAY DRIVE VEHICLE
3. The vehicle may be driven during the period of hire only by the person described in this agreement and only if each such person holds a current driver's licence (particulars of which are given alongside his/her name, address and phone number) 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 thus sum specified in this agreement
5. The hirer may request a credit card (VISA or MasterCard) from the hirer as security over the amount agreed in this Rental Agreement and any other costs or fees which the hirer may become liable to pay in accordance with the terms in this Rental Agreement. If a Credit Card is not available, the security payment must be made with either, cash, Direct Credit or EFTPOS, prior to commencement of hire.
6. In addition to the payment specified in clause 4 above, the hirer acknowledges that s/he shall be liable at the end of the hire period to pay to the operator any applicable additional charges payable at the end of the term. These include charges for additional distance driven, fuel, late return, cleaning fees, damage to or repair of the vehicle (subject to the other terms of this Rental Agreement), any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees and the administration costs relating to those fines and fees.
7. Any charges for cleaning the vehicle interior where the vehicle is returned in a condition that the Owner considers excessively dirty requiring extra cleaning or deodorising. This includes stains, spillage of fluids, food or vomit, and extends to odours including tobacco smoke and alcohol.
8. The hirer shall pay for all diesel or other fuel used in the vehicle during the period of hire.
PAYMENT OF CHARGES
9. The Hirer hereby irrevocably and unconditionally authorises the Owner to charge to their credit card (Mastercard and Visa) and/or to charge to their account (as nominated respectively under 'Payment Information' on the front of this Agreement or in the credit card authority) all charges and other sums payable by the Hirer under this Agreement.
10. If the Hirer fails to make full payment of any charge due to the Owner, the Hirer shall pay to the Owner:
a) If required by the Owner, interest on all outstanding charges at a rate of 12% per annum (or such other rate as the Owner may specify) but only if the sum unpaid remains unpaid for at least 14 days. Payments received will be credited firstly against any accrued but unpaid interest.
b) The Owner's costs of recovering or attempting to recover from the Hirer outstanding charges, including any agent's costs, and legal costs on a full indemnity basis.
c) An administration fee of up to $75 plus GST to cover the Owner's costs in dealing with the non-payment or late payment.
11. Hirers are entitled to query any charging or debiting by the Owner of any sum to the Hirer's credit card or account pursuant to the terms of this Agreement, and the Owner shall treat any such query in good faith with a view to resolving any misunderstandings amicably and promptly.
12. The hirer shall ensure that:
a) The water in the radiator in the vehicle is maintained at the proper level.
b) The oil in the vehicle is maintained at the proper level. (Correct oil type only). Phone: 0800 462 843 for advice.
c) The tyres are maintained at their proper pressure.
d) All responsible care is taken in handling and parking the vehicle and that it is left securely locked when not in use.
e) Children are appropriately restrained in the vehicle.
f) Should a warning light be illustrated or the Hirer believes the vehicle requires mechanical attention, he/she stops driving it and advises the Owner and Mercedes Breakdown (0800 320230) immediately.
g) Every driver of the vehicle carries his or her driver's licence in the vehicle at all times and will produce it on demand to any police, traffic or other enforcement officer.
h) Every driver is aware of and complies with the terms of this Agreement.
i) No driver or passenger smokes in the vehicle.
j) Any accessories (such as, but not limited to, snow chains) are fitted correctly so as not to cause damage to the vehicle or any person or property.
k) Return the vehicle with all personal items removed.
13. Subject to the exclusions and excess payable as set out below, the hirer and any authorised driver named in this Rental Agreement is indemnified up to:
a) the operators insured value of the vehicle for any loss or damage to the vehicle;
b) a limit of $10,000,000 in respect of any liability he or she might have for damage to any third-party property and arising out of the use of the vehicle.
14. The excess payable by the Hirer is as specified on the front of this Agreement and is payable for each and every incident involving the vehicle. If however the damage giving rise to the claim under the Policy is excluded under EXCLUSIONS below then the excess will be considered part payment toward the total damage costs, payable by the Hirer and any additional costs will be charged to the Hirer pursuant to clause 6 above.
15. 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 drug that effect his/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/she drives the vehicle is disqualified from holding or has never held a driver licence appropriate for that vehicle.
f) The vehicle is willfully recklessly damaged by the hirer, or any other 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 willfull or reckless behaviour of the hirer or any other person.
g) The vehicle is operated on any of the following roads: Skippers Canyon. Molesworth Station. Macetown Road. Tasman Valley Road. Matukituki Road beyond the Treble Cone Access Road turn off. Glenorchy-Paradise Road, beyond Priory Road turnoff. 90 Mile Beach. Farewell Spit.
h) The vehicle is operated outside the term of the hire or any agreed extension of that term.
i) It is agreed between the owner and the hirer that section 11 of the Insurance Law Reform Act 1977 shall apply with respect to the above exclusions as if this clause constituted a contract of Insurance.
REJECTION OF INSURANCE
16. The Owner is obliged to offer to arrange motor vehicle insurance for the benefit of the Hirer, and the following provision shall apply:
The Hirer may decline that offer and make their own insurance arrangements if they wish, but these must be approved by the Owner. If the Owner is not satisfied that the Hirer's insurance is comparable to the insurance arrangements under the policy arranged by the Owner to be taken out with an unrelated third-party insurance provider (the Policy) then the Owner may decline to hire the vehicle to the Hirer.
17. The owner shall supply the vehicle in a safe and roadworthy condition.
18. The owner shall be responsible for all ordinary and extraordinary costs of running the vehicle during the term of the hire except 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 diesel and other fuel and oil, used during the term of the hire is the responsibility of the hirer.
MECHANICAL REPAIRS AND ACCIDENTS
19. If the vehicle is damaged and 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.
20. 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.
21. The hirer shall ensure that no person shall interfere with the distanced recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking or suspensions systems of the vehicle.
22. In the event that an accident renders the vehicle unfit to drive, the owner will make no refund for the unused hire period and provision of a replacement vehicle will be at the owner's sole discretion. The owner will not be responsible for the cost of transporting the hirer and any accompanying passengers away from the accident location. In the event that the owner decides to offer the hirer an alternative vehicle, the vehicle shall be made available at the closest branch. If the hirer requires delivery to any other location, a charge will be made depending on the location. The replacement vehicle will be provided under a new contract and will be charged at the same daily rate as the original contract. The owner reserves the right not to provide insurance excess reduction in the new contract.
USE OF THE VEHICLE
23. The hirer shall not:
a) 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 the owner for use in a passenger service, licenced under Part 1 of the Transport Services Licensing Act 1989.
b) Sublet or hire the vehicle to any other person.
c) Permit the vehicle to be operated outside his/her authority.
d) Operate the vehicle, or permit it to be operated, in circumstances that constitutes an offence by the driver against Section 58 of the Transport Act 1962 (which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drug).
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 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 specified in the certificate of loading for the vehicle.
h) Drive or permit the vehicle to be driven by any person if at time of driving the vehicle, the hirer or other person is not the holder of a current drivers licence appropriate for the vehicle.
i) Remove any graphics without prior permission from the hirer.
24. Without limiting the obligations of the Hirer under this Agreement, the Hirer will be liable to compensate the Owner for all costs and losses suffered as a result of the wrong fuel type being used in a vehicle (including petrol being put into a diesel vehicle, or any fluid into the AdBlue reservoir) while it is on hire to the Hirer.
HIRER'S LIABILITY FOR DAMAGE
25. The hirer is absolutely liable for any damage (including damage caused by hail, storms, earthquake or other natural disasters) up to the full amount of the excess liability specified irrespective of fault.
In this context includes:
a) Any and all damage to the vehicle including front windscreens, (unless front windscreen buyout option has been taken), tyres, break-in or vandalism, theft, fire, towing and recovery costs.
b) Damage to third party property.
c) Loss of use of the vehicle by the owner during the period the vehicle is off fleet for repair. This period is charged at the daily rental rate for the vehicle.
Each rental agreement will be supplied with a Vehicle Inspection Sheet identifying any pre-existing damage. It is the Hirers responsibility to notify the Owner, prior to commencing the hire, should they believe any damage is not noted on the Vehicle Inspection Sheet. The Hirer will be liable for any damage not indicated on the Vehicle Inspection Sheet.
MECHANICAL REPAIRS AND ACCIDENTS
26. If the vehicle is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advise the Owner of the full circumstances immediately.
27. The Hirer shall not arrange or undertake any repairs or salvage without the Owner's authority except to the extent that the repairs or salvage are necessary to prevent further damage to the vehicle or to other property. This extends to purchasing any replacement tyre without approval of the Owner.
28. The Owner has arranged 24/7 roadside assistance should there be a need for it due to repair or accident. The costs of the provider of that assistance are payable by the Hirer directly to that provider, and these include call-outs relating to refueling, jump starting, tyre related incidents, lost keys and keys locked in the vehicle. Where assistance is required in respect of an inherent mechanical, electrical or electronic fault in the vehicle (as determined by the Owner or its authorised agent) then the cost of the assistance will be borne by the Owner.
RETURN OF VEHICLE
29. The hirer shall, at or before the expiry of term of hire, deliver the vehicle to the owner's place of business or the owner's agent at the agent's place of business, or obtain the owner's consent to the continuation of hire.
30. If the vehicle is returned outside office hours, the hirer is responsible for the condition of the vehicle until it is inspected by the staff of the Owner.
IMMEDIATE RETURN OF VEHICLE
31. The owner shall have the right to terminate the hire 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 hire 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. No refunds given.
The hirer shall not use the vehicle for the carriage of passengers for hire or reward unless, the vehicle is hired with the knowledge of the owner for use of in a passenger service; licensed under part one of the Transport Service Licensing Act 1989. No refunds given.
ACCEPTANCE OF RENTAL TERMS AND CONDITIONS
32. The hirer agrees to be bound by all of the terms and conditions of hire. The hirer acknowledges that he or she is fully liable for any excess owing due to damage of the rental vehicle (see clause 19) irrespective of fault.
The hirer agrees that he/she has presented the credit card (Visa or MasterCard) details noted on the Rental Agreement as a bond for the hire and that the owner is irrevocably authorised to charge this credit card for any actual or consequential liability arising out of the Rental Agreement. The cardholder and the hirer are jointly and severally liable under the terms of this agreement.
If a Credit Card is not available, the security payment must be made with either, cash, Direct Credit or EFTPOS, prior to commencement of hire.
NOTE TO HIRER
THE OWNER MUST GIVE YOU AT LEAST ONE COPY OF THIS AGREEMENT. A COPY MUST BE KEPT IN THE VEHICLE THROUGHOUT THE TERM OF THE HIRE AND PRODUCED ON DEMAND BY ANY POLICE OFFICER, TRAFFIC OFFICER OR OTHER AUTHORISED EMPLOYEE OF THE MINISTRY OF TRANSPORT.