Rental agreement Effective as of 1Augustst , 2009
This agreement is between the rental vehicle operator (the “Operator”) and the hirer whose particulars are recorded in this agreement (the Hirer”). It is hereby agreed that:
VEHICLE DESCRIPTION AND TERM OF HIRE
1. The Operator will let and the Hirer will take the vehicle, details of which are set out page 1 of this agreement the "Vehicle", for the term of hire described in this agreement.
PERSONS WHO MAY DRIVE VEHICLE
2. The Vehicle may be driven during the term of hire only by the persons described in this agreement and only if each such person holds a current full driver's licence appropriate for the class of vehicle in this agreement and is aged 21 or over. The licence details are recorded in the agreement alongside each person's name. If the foreign driver's licence is not in English, an English translation or international driving permit shall be carried with the foreign driver's licence.
PAYMENTS BY HIRER
3. The Hirer shall pay the Operator for the hire of the Vehicle the sums specified in this agreement. At time of booking a $ 750.00 deposit is required. The deposit secures the booking. The balance is due 30 days prior to commencement of the hire. If the balance is not received 30 days prior to commencement of the hire, the Operator reserves the right to treat the booking as cancelled. If the term of hire is later extended the Hirer shall pay the Operator for the additional hire period when the Operator confirms the extended period.
4. In addition, the Hirer acknowledges that s/he shall be liable to pay to the Operator at the end of the hire period any additional charges specified in the agreement. These may include charges for fuel, late return, damage or repairs up to the insurance excess amount, any enforcement charges relating to such damage or repairs (including legal costs), traffic fines or infringement fees, and toll charges. The charges may be deducted from the Hirer's credit card, or by payment in any other manner, during or after the term of hire is completed.
5. All payments shall be made in New Zealand dollars at the New Zealand currency rate on the day payment is made.
6. Rates are on a per-calendar day basis. Part days at the start or end of the hire are charged at the daily rate. The day of pick-up is counted as day one of the hire period regardless of the pick-up time. The day the Vehicle is returned is counted as the final day of the rental regardless of return time.
The daily rate includes Rotorua Airport transfers on arrival and departure, unlimited kilometres, standard insurance, 24 hour breakdown assistance, extra driver fees, diesel tax and GST (Goods & Services Tax 12.5%).
7. Late pick up or early return of the Vehicle shall not entitle the Hirer to any refund of the unused portion of the rental.
8. The Hirer agrees to pay a bond of $3500 at the start of the hire which will be refunded once the Vehicle and its contents have been returned in the same condition as when hired and the Vehicle is returned to the agreed location on the agreed date, with a full tank of fuel, the toilet cassette and waste water tank emptied and no equipment lost or damaged. The bond will be reduced rateably and proportionally to allow the Operator to put the Vehicle and/or its contents back in the same condition it was when it was hired. The hirer will also be fully liable for the daily rental rate for the period the vehicle is off fleet for accident repairs (max 7 days) and for replacing or repairing damaged windscreens and tyres. We strongly advise you take out personal insurance to cover your health and your belongings. Please do not leave items of value unattended in the vehicle.
9. Excess Reduction at $ 25 per day will reduce the excess for any damage to either vehicle or third party property to a maximum of $ 1,000.
The hirer, however, will be fully liable for the daily rental rate for the period the vehicle is off fleet for accident repairs (max 7 days). The bond of NZ$ 1,000 can be paid by cash, traveller's cheques or credit card. The bond is fully refundable on return of the vehicle to the agreed location, on the agreed date in clean condition with no damage incurred to the Rotorua Campervas vehicle or third party property, with a full tank of fuel, the toilet cassette and waste water tank emptied and no equipment lost or damaged. The total insurance charge is limited to a maximum of 50 days or NZ$ 1,250.
USE OF THE VEHICLE
10. The Hirer shall not:
- Sublet or hire the Vehicle to any other person;
- Operate the Vehicle, or permit it to be operated in circumstances that constitute an offence by the driver, which relates to driving or attempting to drive with excess breath or blood alcohol or under the influence of drink or drugs;
- Drive or allow the Vehicle to be driven on any beach or surface likely to damage the Vehicle; or
- Involve the Vehicle in any race, speed test, or rally.
OPERATOR'S OBLIGATIONS
11. The Operator shall supply the Vehicle in a safe and roadworthy condition.
12. The Operator 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.
HIRER'S OBLIGATIONS
13. The Hirer shall ensure that:
MECHANICAL REPAIRS AND ACCIDENTS
14. If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Hirer shall notify the Operator of the full circumstances within 24 hours or as soon as practicable in order to give the Operator the opportunity to rectify the problem during the rental. Failure to do so may affect any claims for compensation.
15. The Hirer shall not arrange or undertake any repairs or salvage without the Operator's authority except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.
16. If the Vehicle is damaged to the extent that it cannot be driven, the Operator shall endeavour to exchange the Vehicle. Provision of an exchange vehicle is subject to availability and Hirer's location.
17. The Operator's liability extends only to the refund of hire charges for any full days of Vehicle use lost due to a mechanical breakdown. No responsibility for out of pocket expenses, accommodation charges or meals resulting from a breakdown or accident will be accepted.
RETURN OF THE VEHICLE
18. The Hirer shall, at or before the expiry of the term of hire, deliver the Vehicle to the Operator as shown on the front of this agreement, or obtain the Operator's consent to the continuation of the hire. Any alteration to the place the Vehicle is returned to may be subject to a charge of up to $1000. Failure to return the Vehicle at the agreed time and/or day will incur a late fee of $150 per hour payable in addition to the daily rental rate for each day until the Vehicle is returned.
19. The Hirer shall return the Vehicle with
- a full diesel/petrol tank and LPG bottles. Failure to do so shall result in refill charges;
- empty waste tanks;
- all Vehicle equipment accounted for and undamaged. The Hirer is liable for any equipment that is damaged or not accounted for
20. The Hirer shall return the Vehicle in a reasonably clean and tidy condition. Failure to do so shall result in a cleaning fee of up to $500.
INSURANCE
21. Any driver described in this agreement as a person permitted to drive the Vehicle is, subject to the exclusions set out below, covered against any loss or damage to the Vehicle, its accessories and spare parts, and for any consequential damage, loss or costs incurred by the Operator through salvage or loss of revenue resulting from the hire.
22. Any driver described in this agreement as a person permitted to drive the Vehicle is, subject to the exclusions set out below, is indemnified to the extent of $1,000,000 in respect of any liability he or she might have for damage to any property (including injury to any animal) belonging to any person and arising out of the use of the Vehicle.
23. The Hirer's liability will be for any loss or damage to the Vehicle, however caused, and for any consequential loss or damage, during the term of this hire, or during any authorized extensions to the term.
24. The excess payable by the Hirer is $3500 in the case of damage to, or accidents involving the Vehicle when the Hirer has not taken liability reduction insurance. On payment of liability reduction insurance by the Hirer, the excess payable by the Hirer is $1,000.
25. In the event of any damage to a Vehicle or third party property, another bond shall be collected to cover the excess for any subsequent damage.
26. Where the total cost of a claim is less than the excess then the Hirer shall be liable to pay that lesser amount.
INSURANCE EXCLUSIONS
27. The Hirer acknowledges that the cover referred to in clause 21 will not apply when:
- the Vehicle is driven by anyone not described in this agreement as a person permitted to drive the Vehicle;
- the Vehicle is wilfully or recklessly damaged or lost by the Hirer, a nominated driver, or a person under the Hirer's authority including sitting or standing on the roof, driving on any beach or surface likely to damage the Vehicle, driving through flooded areas, submersing in water, contacting salt water;
- the driver allowed the Vehicle to become bogged requiring it to be recovered;
- the Vehicle was operated outside the terms of this agreement or any agreed extension of this agreement.
TRAFFIC OFFENCES
28. The Hirer is advised that NZ law permits the Operator to debit the Hirer's credit card for any fines or charges for traffic offences committed during the term of the hire. These include speeding and parking offences.
29. The Hirer is advised that should the Operator decide to debit their credit card for an infringement fee, the Hirer has the right to:
- Receive a copy of the infringement notice and any reminder notice as soon as practicable after it is received by the Operator
- Challenge, complain about, query or object to the alleged offence to the issuing enforcement authority
- Seek a court hearing (within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice) and
- Dispute the matter with the credit card issuer.
CANCELLATION OF HIRE AGREEMENT
30. Confirmed hires subsequently cancelled incur a cancellation fee as below:
- Up to 30 days prior to pick up date --100% of deposit
- Within 30 days of your pick up date -- 50% of total rental rates
- Within 10 days of your pick up date -- 75% of total rental rates
- No show-- 100% of total rental rates
In all cases, the minimum amount retained is the deposit.
Refunds
Regretfully no refunds can be given for any unused portion of your holiday. However your travel insurance may in some circumstances cover the unused portion. Refunds for hires paid and cancelled prior to pick up will be subject to our cancellation policy.
31. The Operator may cancel the hire agreement 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 Hirer has obtained the Vehicle through fraud or misrepresentation.
- The Vehicle appears to be abandoned.
- The Vehicle is not returned at or before the expiry of the term of hire or the Operator reasonably believes that the Vehicle will not be returned at or before the expiry of the term of hire.
- The Operator considers, on reasonable grounds that the safety of the passengers or the condition of the Vehicle is or has been endangered.
32. If the Operator cancels the hire agreement then no refund will be given.
33. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the Operator and the rights of the Hirer under this agreement.
34. Terms and conditions as well as rates quoted are subject to change without notice. However, rates or conditions for a particular booking shall not be altered once that booking has been confirmed.
INDEMNITY
35. The Hirer releases the Operator and its employees and agents from any liability to the Hirer (regardless of who is at fault) for any loss or damage incurred by the Hirer by reason of rental, possession or use of the Vehicle.
Note to Hirer
The Operator 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 be produced on demand by any law enforcement officer.
Luggage
Luggage can be stored at our rental location free of charge. Luggage handed over to Rotorua Campervans for storage, is done so at the owner’s own risk and Rotorua Campervans accepts no responsibility for any damage of luggage.
Quotes
- If you wish to proceed please request an 'obligation free' availability check.
- Availability and a personal quote will be sent to you.
- Please allow 12 hours to take time zone differences into account.
- Quotes are valid for 7 days from issue, subject to availability.
NOTE TERMS & CONDITIONS AND RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
